D&H Battle Tested Sports Gear, LLC TERMS OF USE
Your use of the web sites on which these terms reside (including, without limitation, mobile websites) (collectively, the “Site”), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by D&H Battle Tested Sports Gear, LLC. (“D&H”). By accessing this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms.
The terms “we,” “us” and “our” refer to D&H and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. D&H may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that D&H will have no liability to you if this Site is discontinued, or if your ability to access the Site or any content you may have posted on the Site is terminated.
D&H CONTENT
Content on this Site that is provided by D&H or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, and slogans (“D&H Content”) is the property of D&H and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any D&H Content.
You agree not to download, display or use any D&H Content located on the Site for any purpose or in any other manner that disparages or discredits D&H and/or its licensors, that dilutes the strength of D&H or its licensor’s property, or that otherwise infringes D&H’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any D&H Content that appears on this Site.
USE OF THE SITE
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, or threatening, all as determined by D&H in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data of other users; (d) you will not use the Site for any commercial purpose not expressly approved by D&H in writing; (e) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software, hardware or telecommunications equipment.
You further understand and agree that you have no ownership rights in any User Content you submit to us, to any account you may have with us or other access to the Site or features therein. D&H may cancel your account and delete all User Content associated with your account at any time, and without notice, for any reason. D&H assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, D&H reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
You agree to indemnify and hold D&H, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.
SECURITY
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content.
The Site may require you to create an account or otherwise submit information as requested by a registration form. It is your responsibility to maintain the accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your password and account. You agree to notify D&H immediately of any unauthorized use of your account. D&H is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
LIMITATIONS OF LIABILITY
To the extent permitted by the applicable law, D&H makes no representations about the reliability of the features of this Site and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES OR LEGAL THEORY, SHALL D&H (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL D&H BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND D&H’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, UNDER ANY LEGAL THEORY, WILL D&H, ITS AGENTS OR ASSIGNS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF D&H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK.
Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages; as a result, the above limitations or exclusions may not apply to you in whole or in part.
Any products and/or services described on the site are offered in jurisdictions where they may be legally offered for sale. The information on the site is not an offer or solicitation by anyone in anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
THIRD PARTY WEBSITES
This Site may hyperlink to sites not maintained by D&H. D&H makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy.
JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the state of Ohio without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Lucas County, Ohio. The Site is controlled and operated by D&H from within the United States, and is not intended to subject D&H to the laws or jurisdiction of any country other than that of the United States.
MISCELLANEOUS
You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this site and/or these terms, will be resolved individually. By using the Site, you expressely waive your right to address any disputes, claims, and causes of action through any form of class action.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Our Privacy Policy provides for more information about our information collection and use practices.
The failure to act with respect to any breach does not constitute a waiver of D&H’s right to act with respect to future or similar breaches.
If any of these Terms are determined to be unenforceable for any reason whatsoever, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
Your use of the site constitutes acceptance of these Terms, which constitutes a binding agreement between you and D&H.
D&Hmay, in its sole discretion, change, suspend or terminate,temporarily or permanently, the Site or any part thereof or any ofits features at any time, for any reason, without any notice orliability to you.