Here’s the stuff we gotta include:
TERMS AND CONDITIONS
Please read the following terms and conditions carefully and be sure you understand them. By using this site, you agree to abide by these terms.
USE OF MATERIALS
Pretty Tough maintains this Website for your personal entertainment, information, education, and communication. Please feel free to browse the Website. You may NOT reproduce, distribute, modify, display, publish, perform, license or prepare derivative works based on, repost, transmit or otherwise use the content of this Website WITHOUT Pretty Tough’s PRIOR WRITTEN PERMISSION. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right.
Any use of the materials, other than as explicitly permitted in the above paragraph, is a violation of Pretty Tough’s copyright and other proprietary rights.
USER POSTINGS, CONTRIBUTIONS, AND SUBMISSIONS
If you participate in any bulletin boards, discussions, or other forum within the site, you agree not to use language that is threatening, abusive, vulgar, discourteous, libelous, defamatory, obscene, fraudulent, harmful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws. You also agree not to post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. Pretty Tough’ reserves the right to edit or remove messages or materials submitted by you. In addition, users may not use this site to conduct any activity that is illegal or that violates the rights of others and users may not use this site to advertise or sell products or services to others; Bulletin boards and chat rooms contain the opinions and views of other users.Pretty Tough is not responsible for the accuracy of any messages on this site and you should always consult a qualified professional before relying on any information you find on this site.
By communicating with Pretty Tough or participating in any forum on the site, you grant to Pretty Tough an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any suggestions, ideas, concepts or other information communicated to Pretty Tough for any purpose Pretty Tough chooses, commercial or otherwise, without any compensation to you.
This Site provides information of a general nature and is designed for educational and entertainment purposes only and is not meant to be a substitute for medical, health, or legal advice from a professional. Consult with your professional for any specific medical, health, or legal, concern. Pretty Tough does not endorse any of the treatments, medications, or products discussed herein. The material in this site could include technical inaccuracies or other errors. Neither Pretty Tough nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.
Pretty Tough does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on the Website results in the need for servicing or replacing property, material, equipment, or data, Pretty Tough is not responsible for those costs. Without limiting the foregoing, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MME AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PRETTY TOUGH SPORTS, LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBLITY OF DAMAGES. BECAUSE SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Pretty Tough Sports’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Pretty Tough reserves the right to make changes to this Website at any time without notice. Pretty Tough DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
As a convenience for Users, the site contains links and pointers to Internet sites maintained by third parties Pretty Tough . has not reviewed all of the sites linked to this Website and is not responsible for the contents of any off-site pages or any other sites linked to this Website. The inclusion of any link to such sites does not imply endorsement by Pretty Tough of the sites. Your linking to any other off-site pages or other sites is at your own risk.
Pretty Tough and its suppliers do not operate or control, in any respect, or necessarily endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.
GENERAL PROVISIONS AND LIMITATIONS OF LIABILITY
Pretty Tough may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. Pretty Tough controls and operates this site from its headquarters in Studio City, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you choose to access this site, you do so on your own initiative and risk and
you are responsible for compliance with all applicable laws. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have against Pretty Tough or any of their respective affiliates, subsidiaries, employees, shareholders, officers, directors or agents
with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, the Website or Pretty Tough material must be instituted in state or
federal court in Los Angeles County, California.
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of Pretty Tough neither warrants nor represents that your use of materials displayed on the Website will not infringe upon rights of third parties not owned by or affiliated with Pretty Tough .. Images, photographs, or illustrations displayed on the Website are either the property of, or used with permission by, Pretty Tough . The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Pretty Tough , its affiliates and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Pretty Tough ., or its affiliates or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.
You agree to indemnify and hold harmless Pretty Tough and their respective affiliates, subsidiaries, employees, shareholders, officers, directors, agents, suppliers, and other third parties assisting in the operation of the site from any claims, liabilities, and expenses (including reasonable attorney’s fees) that may arise from your use of the site in any way or from your breach of the terms of this Agreement.
TERM AND TERMINATION
This Agreement is effective until terminated by Pretty Tough for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the site and immediately destroy all materials obtained from it.
CHILDREN’S PRIVACY PROTECTION
We take special care to protect the privacy needs of children under the age of 13 and encourage parents to be an active participant in their child’s online activities. We abide by the requirements of the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. We will not knowingly collect Personally Identifiable Information from kids 12 and younger without first verifying parental or guardian consent.
Pretty Tough reserves the right to make any and all changes to the Site at its sole discretion without notice to users. Pretty Tough reserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such
other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement is governed by the laws of the State of California, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Pretty Tough . with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pretty Tough with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved to Pretty Tough.
Effective Date: 4/10/12 …