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TERMS AND
CONDITIONS
Copyright
All content
included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations and software is the
property of Landsport Corporation or its content suppliers and is protected
by U.S. and international copyright laws. The collection, compilation,
assembly and arrangement of all content on this site is the exclusive
property of Landsport Corporation and is protected by U.S. and international
copyright laws
License and
Site Access
Landsport
Corporation
grants you a limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of Landsport Corporation. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any
use of data mining, robots or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sole, resold, visited or otherwise exploited for any commercial
purpose without express written consent of Landsport Corporation. You may
not frame or utilize framing techniques to enclose any trademark, logo or
other proprietary information (including images, text, page layout or form)
of Landsport Corporation without express written consent. You may not use
any meta tags or any other “hidden text” utilizing Landsport
Corporation's name or trademarks without the express written consent of
Landsport Corporation. Any unauthorized use terminates the permission or
license granted by Landsport Corporation. You are granted a limited,
revocable and nonexclusive right to create a hyperlink to the home page of
Landsport.com so long as the link does not portray Landsport Corporation,
its affiliates or their products or services in a false, misleading,
derogatory or otherwise offensive manner. You may not use any Landsport
Corporation logo or other proprietary graphic or trademark as part of the
link without express written permission.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS
SITE IS PROVIDED BY LANDSPORT CORPORATION ON AN “AS IS” AND “AS
AVAILABLE BASIS. LANDSPORT CORPORATION MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LANDSPORT CORPORATION DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. LANDSPORT CORPORATION DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LANDSPORT
CORPORATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LANDSPORT
CORPORATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF LANDSPORT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE
LAW
By
visiting Landsport.com, you agree that the laws of the state of Florida,
without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you
and Landsport Corporation or its affiliates.
DISPUTES
Any
dispute relating in any way to your visit to Landsport.com or to products
you purchase shall be submitted to confidential arbitration in Jacksonville,
Florida, except that, to the extent you have in any manner violated or
threatened to violate Landsport Corporation’s intellectual property
rights, Landsport Corporation may seek injunctive or other appropriate
relief in any state or federal court in the state of Florida, and your
consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement 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. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE
POLICIES, MODIFICATION AND SEVERABILITY DISPUTES
Please
review our other policies, such as those relating to Returns and Privacy,
etc. all of which are posted on this site. These policies also govern your
visit to Landsport.com. We reserve the right to make changes to our site,
policies and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition. These Conditions of Use govern
your use of this site. You also may be subject to additional terms and
conditions contained in our invoices or purchase orders or terms and
conditions that may apply when you use affiliate services. The failure of
Landsport Corporation to exercise or enforce any right or provision shall
not constitute a waiver of such right or provision. 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 the site must be filed within six
(6) months after such claim arose or be forever barred.
The parties acknowledge that they have required that these Conditions of Use
be prepared and provided in English.
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