DRIBBLESHIELD SPORTS, L.L.C. DISCLAIMERS
AGREEMENT BETWEEN USER
AND DRIBBLESHIELD SPORTS, L.L.C.
Welcome to DribbleShield.com. DribbleShield.com is comprised of various web
sites and web pages operated by DribbleShield
Sports, L.L.C. or its business
affiliates (Affiliates).
With respect to your access and use of the DribbleShield
Sports, L.L.C. site,
DribbleShield
Sports, L.L.C. provides its services to you, subject to the following
Terms of Use (TOU), which may be updated by DribbleShield
Sports, L.L.C. from time to time
without notice to you, and which updates become effective when posted. You
are responsible for regularly reviewing these terms and conditions.
You agree to be bound by these TOU, and indicate such agreement by your
access to and any use of the DribbleShield
Sports, L.L.C. site and services. If you
do not agree to these TOU, do not access and use the DribbleShield
Sports, L.L.C. spite and
services.
1. PERMITTED USE
Subject to these TOU, DribbleShield
Sports, L.L.C. hereby grants you the
right to access and use the DribbleShield
Sports, L.L.C. site. Unless otherwise
specified herein, or agreed-upon in writing by DribbleShield
Sports, L.L.C., the DribbleShield
Sports, L.L.C. site is for your
personal, non-commercial use only. DribbleShield, Inc. retains all rights
with respect to the DribbleShield
Sports, L.L.C. site except those
expressly granted to you in this Agreement. You agree not to duplicate,
publish, modify, distribute or otherwise disseminate the material on the
DribbleShield
Sports, L.L.C. site, including, without limitation, copying such
material to another website or posting to a newsgroup, unless specifically
authorized in writing by DribbleShield
Sports, L.L.C. to do so. You agree not
to frame, or assist third parties in framing, any of the web pages contained
in the DribbleShield Site. Such framing is strictly prohibited under this
Agreement. DribbleShield.com, DribbleShield
Sports, L.L.C., The names of actual
companies and products listed on the DribbleShield
Sports, L.L.C. site are the
trademarks of their respective owners.
2. LINKS TO THIRD PARTY SITES
The DribbleShield
Sports, L.L.C. may contain links or produce search results that
reference links to third party web sites (Linked Sites). DribbleShield
Sports, L.L.C. has no control
over these Linked Sites or the content within them. DribbleShield
Sports, L.L.C. cannot and does
not guarantee, represent, or warrant that the content contained in the
Linked Sites, including, without limitation other links, is accurate, legal,
and/or inoffensive. DribbleShield
Sports, L.L.C. does not endorse the
content of any Linked Site, nor do we warrant that a Linked Site will not
contain computer viruses or other harmful code that can impact your computer
or other web access device. By using the DribbleShield
Sports, L.L.C. site to search for
or link to another site, you agree and understand that such use is entirely
at your own risk, and that you may not make any claim against DribbleShield
Sports, L.L.C. for any damages or
losses whatsoever resulting from such use. However, if you experience a
problem with a Linked Site, please let us know at info@ dribbleshield.com
3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DribbleShield
Sports, L.L.C. site, you warrant to
DribbleShield
Sports, L.L.C. that you will not use the DribbleShield
Sports, L.L.C. site for any
purpose that is unlawful or prohibited by these TOU. You agree not to use
the DribbleShield
Sports, L.L.C. site in any manner which could damage, disable,
overburden, or impair the DribbleShield
Sports, L.L.C. site
or interfere with any other partys use and enjoyment of the
DribbleShield
Sports, L.L.C. site.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the
DribbleShield
Sports, L.L.C. site.
4. PRIVACY AND DISCLOSURE OF INFORMATION
DribbleShield
Sports, L.L.C.
believes that your privacy, and the privacy of
all our users, is important. Please review our Privacy Policy. If you post
any content to the DribbleShield
Sports, L.L.C. site,
by electronic mail or otherwise, we will treat it as non-confidential and
non-proprietary to you. By posting any content on the
DribbleShield
Sports, L.L.C. site,
you authorize us to use and allow others to use, distribute, and reproduce
the content. DribbleShield
Sports, L.L.C.
reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post, or to remove
any information or materials, in whole or in part, in DribbleShield, Inc.s
sole discretion.
5. OWNERSHIP OF SUBMITTED CONTENT
You agree that any and all information and content that you provide to the
DribbleShield Site becomes the exclusive property of
DribbleShield
Sports, L.L.C. site,
and you irrevocably assign all rights of ownership, including, without
limitation, intellectual property rights, to
DribbleShield
Sports, L.L.C. site
upon submission of the information and content. You represent and warrant
that you are the owner of such information and content and are authorized to
make such assignment of rights.
6. WARRANTY DISCLAIMER
DribbleShield
Sports, L.L.C. site
does not represent or warrant that the
DribbleShield
Sports, L.L.C. site will be
accurate, error-free, uninterrupted, nor that the
DribbleShield
Sports, L.L.C. site
will provide specific results from your use of any content, search or link
on them. The DribbleShield
Sports, L.L.C. site
and all content contained within them are delivered on an AS IS and AS
AVAILABLE basis, and DribbleShield
Sports, L.L.C. site
makes no representations or warranties of any kind regarding any errors or
omissions, the accuracy or reasonableness of factual or scientific
assumptions, studies or conclusions, the defamatory nature of statements,
ownership or copyright or other intellectual property rights, or personal
rights of others, in connection with the
DribbleShield
Sports, L.L.C. site or the content
contained therein. DribbleShield
Sports, L.L.C. site
does not warrant or represent that files you download from the
DribbleShield
Sports, L.L.C. site
will be free of viruses or other harmful features. DRIBBLESHIELD.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
TORT OR NEGLIGENCE, WILL DribbleShield
Sports, L.L.C.
, OR ITS SUPPLIERS OR AFFILIATES, BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE
DRIBBLESHIELD SITE. IN NO EVENT SHALL
DribbleShield
Sports, L.L.C. AGGREGATE LIABILITY,
OR THE AGGREGATE LIABILITY OF
DribbleShield
Sports, L.L.C. site SUPPLIERS OR
AFFILIATES, TO YOU, OR ANY THIRD PARTY, FOR ANY LOSS, DAMAGE OR CLAIM
RELATED TO OR ARISING OUT OF THE DRIBBLESHIELD SITE EXCEED THE GREATER OF
THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO DRIBBLESHIELD.COM FOR
ACCESSING AND USING THIS SITE; OR (B) TWENTY U.S. DOLLARS ($20.00). YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF THE DRIBBLESHIELD
SITE IS SOLELY AT YOUR OWN RISK. Some jurisdictions may limit or prohibit
the exclusion of consequential damages, so, depending on applicable law, the
foregoing limitation of liability may not apply to you in its entirety.
8. ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that: (a) you have the power and
authority to enter into this Agreement; (b) you are at least eighteen (18)
years of age, or if you are under the age of eighteen, that you will not
conduct any transactions on the DribbleShield website; and, (c) you will
only use the DribbleShield
Sports, L.L.C. site
in accordance with these TOU.
9. INDEMNITY
You agree to indemnify and hold
DribbleShield
Sports, L.L.C. site and its
Affiliates, affiliates, officers, directors, agents, and employees harmless
from any liability to third parties, including reasonable attorneys fees,
arising from or related to your breach of this Agreement, or the documents
it incorporates by reference, or your violation of any law or the rights of
a third party.
10. COMMUNICATION WITH
DRIBBLESHIELD
SPORTS, L.L.C.
E-mail and telephone calls are proper forms of communication with
DribbleShield
Sports, L.L.C. site,
for purposes of obtaining product information, ordering of products, and
customer service issues. For all other business matters, including legal
matters, notice, and official communications, correspondence must be by
Certified Mail, Return Receipt Requested, First Class U.S. Postage Prepaid.
DribbleShield
Sports, L.L.C. site,
and affiliated personnel reserve the right not to respond to unsolicited
communications and/or e-mail communications. To the maximum extent permitted
under applicable law, DribbleShield
Sports, L.L.C. site,
strictly reserves the right to refuse to do business with anyone at any
time. Address for official and legal correspondence:
DribbleShield
Sports, L.L.C.
Attn: Legal Department
3270 Terminal Drive
Vandalia, Ohio 45377
11. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT
DribbleShield
Sports, L.L.C.
respects the intellectual property of others, and
we ask you to do the same. If you believe some content on the
DribbleShield
Sports, L.L.C. site
has been copied in such as way to constitute copyright infringement, please
contact us:
DribbleShield
Sports, L.L.C.
3270 Terminal Drive
Vandalia, Ohio 45377
Phone: 937-875-7009
Fax: 937-890-2825
Email: info@dribbleshield.com
12. ADDITIONAL DISCLAIMERS
The content contained on the DribbleShield
Sports, L.L.C. site
is for informational purposes only, and is not intended as a guarantee of
protection from any injury of any type.
DRIBBLESHIELD SPORTS,
L.L.C.
PRIVACY POLICY
Thank you for visiting DribbleShield online. Your privacy is important
to us. DribbleShield
Sports, L.L.C.
policy is to respect and protect the privacy of our users.
DribbleShield
Sports, L.L.C.
and the DribbleShield
Sports, L.L.C.
affiliates will never willfully disclose individually identifiable
information about its customers to any third party without first
receiving that customer's permission. This policy statement tells you
how we collect information from you and how we use it. To better protect
your privacy, we provide this notice explaining our online information
practices and the choices you can make about the way your information is
collected and used at this site.
Use of Information:
All information collected at the dribbleshield.com site is provided by
users on a voluntary basis only. Generally, we may wish to collect
personal information about you in connection with the following
services:
Questions or feedback sent through our web site
Request for information sent through our web site
Participation in any online contest, sweepstakes or other promotions
we might offer
Collection of personal information of these services can include the
collection of your name, address, e-mail address, date of birth or other
demographic information.
DribbleShield
Sports, L.L.C.
may need to collect this
information to fulfill prizes or respond properly.
DribbleShield
Sports, L.L.C.
will not provide any third party with any information about individual
visitors without their consent.
DribbleShield
Sports, L.L.C.
occasionally shares information about our users with business partners,
sponsors and other third parties. However, we always talk about our
users in aggregate, not as individuals. For example, we will say
DribbleShields audience is x percent females and y percent males. This
data is only used to enhance the
DribbleShield
Sports, L.L.C.
site content for its visitors. DribbleShield.com utilizes Paypal
Storefront in order to allow users to buy products. If you use this site
to purchase DribbleShield visors, reference http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside
to better understand their privacy and security policies.
Links
This Web site contains links to other sites. Please be aware that we,
DribbleShield
Sports, L.L.C.
are not responsible for the privacy practices of such other sites. We
encourage our visitors to exercise caution when they leave our site and
to read the privacy statements of each Web site that collects personally
identifiable information. This privacy statement applies solely to
information collected by this
DribbleShield
Sports, L.L.C.
site.
Security
This Web site uses industry standard security measures to protect our
visitors' information.
Notification of Changes
We reserve the right at our discretion to make changes to this policy at
any time. Please check this page periodically for changes.
DribbleShields policy does not extend to anything that is inherent in
the operation of the internet, and therefore beyond
DribbleShield
Sports, L.L.C.
control, and is not to be applied in any manner contrary to applicable
law or governmental regulation.
