Full90.com is comprised of various web pages operated by Full90 Sports, Inc. or its business affiliates (“Affiliates”). These include: Full90.com & PayPal.com as well as other web sites which may be added in the future (collectively the “Full90 Sites”).
Users agree to be bound by these TOU, and indicate such agreement by their access to and any use of Full90 Sites and services. If a user does not agree to these TOU, he should not access and use the Full90 Sites and services.
Subject to these TOU, Full90 Sports, Inc. hereby grants you the right to access and use the Full90 Sites. Unless otherwise specified herein, or agreed-upon in writing by Full90 Sports, Inc., the Full90 Sites are for your personal, non-commercial use only. Full90 Sports, Inc. retains all rights with respect to the Full90 Sites except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, distribute or otherwise disseminate the material on the Full90 Sites, including, without limitation, copying such material to another website or posting to a newsgroup, unless specifically authorized in writing by Full90 Sports, Inc. to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Full90 Sites. Such framing is strictly prohibited under this Agreement. Full90.com, Full90 Sports, Inc., Full90 and Tru-Play Technology are trademarks of Full90 Sports, Inc. The names of actual companies and products listed on the Full90 Sites may be the trademarks of their respective owners.
The Full90 Sites may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Full90 Sports, Inc. has no control over these Linked Sites or the content within them. Full90 Sports, Inc. 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. Full90 Sports, Inc. 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 Full90 Sites 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 Full90 Sports, Inc. for any damages or losses whatsoever resulting from such use.
As a condition of your use of the Full90 Sites, you warrant to Full90 Sports, Inc. that you will not use the Full90 Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Full90 Sites in any manner which could damage, disable, overburden, or impair the Full90 Sites or interfere with any other party’s use and enjoyment of the Full90 Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Full90 Sites.
You agree that any and all information and content that you provide to the Full90 Sites becomes the exclusive property of Full90 Sports, Inc., and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Full90 Sports, Inc. 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.
Full90 Sports, Inc. does not represent or warrant that the Full90 Sites will be accurate, error-free, uninterrupted, nor that the Full90 Sites will provide specific results from your use of any content, search or link on them. The Full90 Sites and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis, and Full90 Sports, Inc. 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 Full90 Sites or the content contained therein. Full90 Sports, Inc. does not warrant or represent that files you download from the Full90 Sites will be free of viruses or other harmful features. FULL90.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may limit or prohibit the exclusion of implied warranties, so, depending on applicable law, the foregoing limitation may not apply to you in its entirety.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL FULL90 SPORTS INC., 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 FULL90 SITES. IN NO EVENT SHALL FULL90 SPORTS, INC.’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF FULL90 SPORTS INC.’S SUPPLIERS OR AFFILIATES, TO YOU, OR ANY THIRD PARTY, FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE FULL90 SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO FULL90.COM FOR ACCESSING AND USING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF THE FULL90 SITES 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.
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 Full90 website; and, (c) you will only use the Full90 Sites in accordance with these TOU.
You agree to indemnify and hold Full90 Sports, Inc. and its Affiliates, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s 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.
E-mail and telephone calls are proper forms of communication with Full90 Sports, Inc., 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. Full90 Sports, Inc., 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, Full90 Sports, Inc., strictly reserves the right to refuse to do business with anyone at any time. Address for official and legal correspondence:
Full90 Sports, Inc.
Attn: Legal Department
5910 Pacific Center Blvd.
San Diego, California 92121
Full90 Sports, Inc. respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Full90 Sites has been copied in such as way to constitute copyright infringement, please contact us:
Full90 Sports, Inc.
P.O. Box 910231
San Diego, CA 92191
The content contained in the Full90 Sites is for informational purposes only, and is not intended as a guarantee of protection from any injury of any type. You acknowledge and understand that no headgear can protect against all head injuries, and you may be seriously injured while using Full90 Headbands or other Full90 headgear products correctly. While Full90 Headbands are designed to reduce the risk and severity of some head injuries that occur in soccer, they cannot protect against severe impacts to the head. Full90 Headbands provide no protection to parts of the body that they do not cover directly. For further information, please read the material supplied with your Full90 Headband.
This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions. Both parties irrevocably submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Full90 Sports, Inc. may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Full90 Sports, Inc.’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form regarding such subject matter.