2. SMASHDOWN SPORTS
This Website is presented by SMASHDOWN SPORTS and its subsidiaries which sell sports accessories.Please note that these products and services may change at any time.
We are not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and we explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. We do not endorse and have not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site. You are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.
THIS WEBSITE IS PROVIDED BY SMASHDOWN SPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SMASHDOWN SPORTS OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SMASHDOWN SPORTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT SMASHDOWN SPORTS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
9. Terms and Termination
10. Applicable Laws
11. Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
All remarks, suggestions, ideas, graphics, or other information communicated by you to SMASHDOWN SPORTS through the Website (collectively, the “Submission”) will forever be the property of SMASHDOWN SPORTS and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. SMASHDOWN SPORTS will not be required to treat any Submissions as confidential (unless required by law or if SMASHDOWN SPORTS has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future SMASHDOWN SPORTS operations. Without limitation, SMASHDOWN SPORTS will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.
You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing ownership to SMASHDOWN SPORTS. You further warrant and represent that each Submission will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.
13. Email and Other Communications
In connection with your use of the Website, you consent to SMASHDOWN SPORTS recording any communication, electronic or otherwise, between you and SMASHDOWN SPORTS and retaining any information and data you submit while using the Website.
In using the Website, you may be permitted to communicate electronically with SMASHDOWN SPORTS by sending electronic mail to SMASHDOWN SPORTS; however, you acknowledge and agree that only general information or inquiries may be submitted to SMASHDOWN SPORTS via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to SMASHDOWN SPORTS via e-mail as SMASHDOWN SPORTS will not be responsible for responding to any such communications.
15. DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content, information or communication on this Website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of SMASHDOWN SPORTS and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on our Website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to SMASHDOWN SPORTS’ Designated Agent by emailing [E MAIL ADDRESS] and by mail to the following address:
PO Box 40735
Pasadena, CA 91114
If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this Website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this Website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. SMASHDOWN SPORTS will terminate your access to this Website in the event that SMASHDOWN SPORTS determines in its sole and absolute discretion that you have used our Website in a manner that qualifies you as a “repeat infringer” under the DMCA.