RESTRICTIONS ON USE OF MATERIALS
USE OF WIDGETS
- Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.
- Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website.
- Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
- Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Services.
We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by email to firstname.lastname@example.org . Charged Up Performance, LLC shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Charged Up Performance, LLC for losses incurred by Charged Up Performance, LLC or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONTENT POSTED OR SUBMITTED BY YOU
By submitting or posting Content to the Services, you grant Charged Up Performance, LLC the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Services, Charged Up Performance, LLC does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Charged Up Performance, LLC owns all right, title, and interest in any compilation, collective work, or other derivative work created by Charged Up Performance, LLC using or incorporating Content posted to the Services.
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
CONTENT POSTED BY OTHER USERS
Charged Up Performance, LLC is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Charged Up Performance, LLC be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Charged Up Performance, LLC by emailing email@example.com. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
USE OF SERVICES
Impersonation of others, including a Charged Up Performance, LLC employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Charged Up Performance, LLC, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Charged Up Performance, LLC.
ACTIVITIES PROHIBITED ON THE SERVICES
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Charged Up Performance, LLC reserves the right to investigate and take appropriate legal action against anyone who, in Charged Up Performance, LLC’s sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to, the following:
- Using the Services for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Eastbay in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by Charged Up Performance, LLC in its sole discretion;•
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be “spam,” as determined by Charged Up Performance, LLC in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Charged Up Performance, LLC, exposes Eastbay or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or Encouraging other people to engage in any prohibited activities as described herein.
Charged Up Performance, LLC reserves the right, but is not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Services; and
- Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.
If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Charged Up Performance, LLC as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Charged Up Performance, LLC
c/o General Counsel
11762 De Palma Rd,
Suite 1-C, #550,
Temescal Valley, CA 92883
In an effort to protect the rights of copyright owners, Charged Up Performance, LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Charged Up Performance, LLC or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Charged Up Performance is a registered trademark of Charged Up Performance, LLC. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Charged Up Performance, LLC enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Charged Up Performance, LLC Law Department, 11762 De Palma Rd, Suite 1-C, #550, Temescal Valley, CA 92883
SUBMISSIONS TO Charged Up Performance, LLC
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Charged Up Performance, LLC through the Services becomes the exclusive property of Charged Up Performance, LLC and Charged Up Performance, LLC is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Charged Up Performance, LLC and accepts responsibility for its accuracy, appropriateness and legality.
The Services and the materials, Widgets and products on the Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Charged Up Performance, LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Charged Up Performance, LLC does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Charged Up Performance, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Charged Up Performance, LLC) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Charged Up Performance, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the Widgets or products, even if Charged Up Performance, LLC or authorized representatives of Charged Up Performance, LLC have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Charged Up Performance, LLC ‘s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Charged Up Performance, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
All orders placed through the Services are subject to Charged Up Performance, LLC ‘s acceptance. Charged Up Performance, LLC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Charged Up Performance, LLC shall issue you a refund.
In the event that a product sold is mistakenly listed at an incorrect price, Charged Up Performance, LLC reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Charged Up Performance, LLC shall issue a credit to your payment method account.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Riverside County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Charged Up Performance, LLC ‘s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.