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Terms and Conditions Acceptance of terms for The Moretz Sports Website Moretz Sports ("Moretz") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, and products available through the Site (collectively, the "Materials") and all services operated by Moretz and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Moretz may publish from time to time (collectively, the "Terms of Use"). By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. Moretz reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. Defined terms All information, materials, files, communications, and documents are referred to collectively as "Moretz Content." Use of Services When using Services on this Site that are offered by Moretz, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use. Use of Moretz Content and User Content Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Moretz Content and User Content available on this Site subject to the following conditions: 1. The Moretz Content may be used solely for personal, informational, and internal purposes. 2. The Moretz Content may not be modified or altered in any way. 3. The Moretz Content on the Site may not be distributed or sold, rented, leased, or licensed to others. 4. You may not remove any copyright or other proprietary notices contained in the Moretz Content. 5. Moretz reserves the right to revoke the authorization to view, download, and print the Moretz Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Moretz. 6. The rights granted to you constitute a license and not a transfer of title. The rights specified above to view, download, and print the Moretz Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Trademark information The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Moretz or other third parties. You are not permitted to use the Marks without the prior written consent of Moretz or such third party that may own the Marks. Moretz and the Moretz logo are trademarks of Moretz Systems Incorporated. International users This Site can be accessed from countries around the world and may contain references to Moretz products, services, and programs that are not available in your country. These references do not imply that Moretz intends to announce such products in your country or provide order fulfillment outside the continental United States. The Site is controlled, operated, and administered by Moretz from its offices within the United States of America. Moretz makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. Personal information and privacy To learn about how Moretz protects your personal information, such as your name and address, refer to the Moretz Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to Moretz will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Moretz or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use the DesignTeam service or to purchase from the Moretz online store. LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MORETZ, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MORETZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. Indemnity and liability You agree to indemnify and hold Moretz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. Governing law and jurisdiction This Site (excluding linked sites) is controlled by Moretz from its offices within the state of North Carolina, United States of America. By accessing this Site, you and Moretz agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of North Carolina, without regard to the conflicts of laws principles thereof. You and Moretz also agree and hereby submit to the exclusive personal jurisdiction and venue of the local Superior Court and the United States District Court for the District of North Carolina with respect to such matters. Language It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. General The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Moretz and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Moretz to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. Copyright ©1999-2004 Moretz Sports. The content published within the www.moretzsports.com domain is the sole property of Moretz Sports. Users of the website are solely responsible for compliance with any copyright restrictions, national and international. Documents from this server are provided "AS-IS" without any warranty, expressed or implied. |
| Privacy Policy and Terms and Condition | ||
| Moretz,
Inc. is the licensee of New Balance Athletic
Shoe, Inc. New Balance, Lightening Dry, Cool Max, Race for the Cure, Flying NB and N design are registered trademarks of New Balance Athletic Shoe, Inc. |
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