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TERMS OF USE AGREEMENT-do what UCFIT, but also…
This website www.uncommonfit.com is maintained and is the property of Uncommon Fit LLC.
By using and/or viewing the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of the, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. You should visit this page periodically to learn of any changes to this Agreement.
USER COMMENTS
We welcome your comments about the Website. We want to improve. comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Uncommon Fit LLC. Your submission of any such Comments shall constitute an irrevocable assignment to Uncommon Fit LLC of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Uncommon Fit LLC and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
PRIVACY
Please review Privacy Policy of your credit card provider and that of shopify.com, which also governs your visit to the Website, to understand our privacy practices. There are cases we will collect your personal information etc. when you register for contests or promotions. Please email info@uncommonfit.com if you feel your information is sent to Uncommon Fit in error.
TERMS OF PAYMENT
Unless otherwise agreed to in writing by the parties, all orders shall be paid in full upon the Buyer's receipt of the Invoice and prior to delivery of the Products. The Seller will not begin production of any Custom Products until it has received a deposit from the Buyer equal to 50% of the total purchase price of the Products ordered by the Buyer. No refunds of any deposits or other payments made to the Seller will be provided after the Seller has commenced production of the Custom Products to the fullest extent permitted by applicable law, except if the Seller is unable to provide the Products for reasons not caused by the Buyer.
RETURN POLICY
Uncommon Fit LLC wants to assure you are 100% satisfied with the product you purchased, which is why we offer a free 15 day return period on all items ordered via phone or online store.
The Seller assumes no liability for damages to the Products resulting from use, negligence, abuse, maintenance or alteration.
We do not warrant exact color matching. We will do our best to match colors per the Buyers request and across products but we cannot be held responsible for inherent variations that occur during the manufacturing process which are out of our control. - See more at: http://proathletics.com/t-custom-termsconditions.aspx#sthash.acK0UB2n.dpuf
TRADEMARKS
Uncommon Fit is a registered trademark of Uncommon Fit LLC. Uncommon Fit, Do What You See Fit, Do What UcFit and other marks indicated on our Website are trademarks or registered trademarks Uncommon Fit LLC and its affiliates in the United States and other countries. All rights in such names are hereby reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Uncommon Fit LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Uncommon Fit or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Uncommon Fit LLC or any third party.
COPYRIGHT
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Uncommon Fit LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Uncommon Fit LLC or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Uncommon Fit LLC or its lawful successors and assigns. For usage permission, please contact us via e-mail at info@uncommonfit.com
NOTICE OF COPYRIGHT INFRINGEMENT
Uncommon Fit LLC. respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please immediately send an email to info@uncommonfit.com with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that Uncommon Fit staff may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
With this information Uncommon Fit will review and if warranted in a reasonable amount of time remove respective property.
THIRD PARTY WEBSITES AND CO-BRANDED WEBSITES
The Website may contain hyperlinks ("links") to websites operated by persons or entities other than Uncommon Fit LLC and/or that of Shopify ("third-party Websites") or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your reference and convenience only. A link from Uncommon Fit LLC to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from our Website.
Uncommon Fit LLC. IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
RISK OF LOSS
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Uncommon Fit LLC. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Uncommon Fit LLC delivers these items to the carrier.
PRODUCT INFORMATION
Uncommon Fit LLC. attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Some Uncommon Fit products displayed on the Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE SITE IS PROVIDED BY Uncommon Fit LLC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Uncommon Fit MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Uncommon Fit LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL Uncommon Fit LLC., OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Uncommon Fit THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW AND DISPUTES
Any dispute relating in any way to your visit to Uncommon Fit’s Website or to products you purchase through Uncommon Fit shall be submitted to confidential arbitration the state of New Jersey, United States of America, except that, to the extent you have in any manner violated or threatened to violate Uncommon Fit LLC intellectual property rights, Uncommon Fit may seek injunctive or other appropriate relief in any state or federal court in the state of New York, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Uncommon Fit LLC. and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Uncommon Fit arising out of or relating to your vist and/or use of the Website, your violation of this Agreement, or your violation of any rights of another.