Sledz, LLC and its related, affiliated, or subsidiary companies (“Sledz”, “we”, or “us”), oversees www.sledz.com and all associated sites and the content appearing therein, including the purchase of any Products (as defined below) (collectively, the “Site”). We offer premium compression merchandise and related products (“Products”) for the purpose of improving the overall health and well-being of our customers. These Terms of use (these “Terms”) are applicable to you (“user”, “you,” or “your”). The terms contained herein apply to all users of the Site. Any new features or tools which are added to the current Site shall also be subject to these Terms.
Please read these Terms carefully and in their entirety before you begin use the Site. Additionally, you must read, agree and accept our Privacy Policy. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, THE PRODUCTS, AND THE MATERIALS AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND PRIVACY POLICY.
Note that these Terms may be updated from time to time by posting updates and changes to the Site. You are advised to check the Terms from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Site. Your continued use of the Site after we have made updates to these Terms is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check these Terms periodically for updates.
If you do not agree to these Terms as stated herein, you must exit the Site and discontinue any use of the Site.
1. Access and Use of the Site
a. Access and Use of the Site. You may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”), when you register, make a purchase from our online store, or request to be on our mailing list (collectively, “Provide Your Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to the Site and its operation, including without limitation purchases on the Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your Account.
b. Registration and Security. You represent and warrant that all Personal Data provided by you is accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account (“Account”) and subsequently log-in, you will be asked to provide an active e-mail address and choose a password (you do have the option of making purchases without creating an Account). You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to share it with any third party. You will be solely responsible for all activity that occurs under your Account, whether or not you have authorized such activities, content or actions. You must notify us (info@sledz.com) immediately if you know or suspect your password or your Account has been compromised or breached in any manner (for example, your password has been lost or stolen, someone has attempted to use the Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
c. Limitations on Use. You agree to use the Site only for lawful and authorized purposes. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site. In addition, without limitation, you agree that you will not participate in, engage in, or support, or otherwise perform, whether directly or indirectly, any of the following activities while using or accessing the Site:
1. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site;
2. Upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
3. Upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
4. Upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
5. Use the Site to collect or store personal data about other users without their express permission;
6. Knowingly include or use any false or inaccurate information in any Account;
7. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
8. Circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
9. Attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
10. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
11. Transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
12. Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
13. Use the Site in any way that competes with us; or
14. Encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO REMOVE OR RETAIN THE MATERIALS ON THE SITE, UNLESS OTHERWISE AGREED.
d. Cancellation and Account Deletion. You may cancel your Account at any time by emailing us at info@sledz.com. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
e. Online Store, Products, Purchases and Returns.
1. General Terms. By placing an order with us, you agree and acknowledge that you are (i) offering to purchase a Product; (ii) representing that you are the legal age of majority in your state or province of residence, (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided, and (iv) you are responsible for any purchase(s) you make, while using the Site. You further agree that you shall not use any Product(s) sold on the Site for any illegal or unauthorized purpose, whatsoever. When you complete a purchase, you must pay in U.S. Dollars. Prices may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any Products at any time without notice. We reserve the right to refuse our Products to anyone, for any reason, at any time, in our sole and absolute discretion. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right, in our sole discretion, at any time after receipt of your order to accept, limit, modify, decline or cancel your order, or any portion thereof, (including without limitation, quantities purchased per person, per household or per order) even after your receipt of an order confirmation from us, or refuse Products to you without prior notification for any reason whatsoever. These restrictions may include orders placed by the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a Product lists an incorrect price, either due to a typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price. In the event that we decline, make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, or distributors.
2. Shipping and Delivery. We ship orders to all 50 United States. You will be notified at checkout if your order cannot be shipped to your selected location. The shipping charge is based on the order’s price, shipping method, and shipping address.
You will see your actual shipping cost at checkout. The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the Products will pass to you upon delivery of the Products to the carrier; however, risk of loss of, or damage to, the Products will pass to you upon delivery of the products to you.
3. Payment Terms. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). All card payments are subject to authorization by your card issuer and are subject to a fraud check by our designated fraud detection vendor. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter before we will proceed with your order. You may contact us at info@sledz.com for help resolving any payment disputes.
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other shipping charges described in the “Shipping and Delivery Section” above, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4. Products and Returns. Products may have limited quantities and may be subject to return or exchange in accordance with our Return Policy. We make every reasonable effort to display, as accurately as possible, the colors and images of our products on the Site. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of Products on the Site are subject to change at any time without notice. We make every reasonable effort to accurately display the attributes of our Products, including the applicable colors. We cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR MATERIALS PROVIDED THROUGH THE SITE.
f. Limitations. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, in our sole and absolute discretion. The inclusion of any Products on the Site at a particular time does not imply or warrant that these Products will be available at any time. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCT(S) AVAILABLE FOR PURCHASE SHALL MEET YOUR EXPECTATIONS.
g. Links to Third-Party Websites. The Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website. All risk associated with third-party interactions is assumed by you. You also agree to resolve disputes directly with the other party.
h. Reliance on Information Posted. We reserve the right to modify the Site in our sole discretion without notice. We may make these modifications at any time and for any reason without prior notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. You assume any and all risk for decisions based on information contained within the Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Site by you or any other user of the Site, or by anyone who may be informed of the Site.
i. Exiting the Site. You agree to sign out of your Account each time you prepare to leave the Site.
2. Intellectual Property
The Site and any and all intellectual property, trademarks, service marks, information, date or other materials made available to you in connection with these Terms, together with the design of the Site and all text, scripts, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (the “Materials”) are the sole and exclusive property of Sledz, our licensors, or other providers, and are available to you solely for purposes of your use of and access to the Site in accordance with these Terms. For purposes of clarity, Sledz owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all Materials entered and stored within the Site database(s), as part of the Site. The Materials, collectively, are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws under the United States and foreign laws and international conventions. All of the Materials are copyrighted material and is protected by the Copyright Act of 1976, as amended. All rights, title, and interests in and to the Site and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Site shall at all times remain the exclusive property of Sledz and/or its licensors. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Materials on the Site without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Site by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site (and to download and print any Materials provided by us), solely for your personal and non-commercial purposes. Nothing in these Terms shall transfer to you any right, title or interest in or to any Materials, except for the limited license expressly granted in the preceding sentence.
Users may not violate the intellectual property rights of others, including but not limited to, using the Site to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of the Site, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of the Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO SLEDZ, IMMEDIATELY.
3. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
a. Your Responsibility. When you post or otherwise submit information to the Site, you represent and warrant that you have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that you will not submit, post, upload, transmit or otherwise provide any information to the Site, in any format, including but not limited to text, image, video, content or audio (“User-Submitted Content”), that you do not own.
b. Your Representations and Warranties. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, TRANSMIT OR OTHERWISE PROVIDE ANY USER-SUBMITTED CONTENT THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Sledz from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation, reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding User-Submitted Content and a third party’s proprietary or intellectual property rights.
c. Your Restrictions. A user may not: (1) copy, download, publish, distribute, repost, or reproduce any Materials contained on the Site in any form without the prior written consent of Sledz; (2) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (3) copy, distribute, or reproduce any aspect of the Site or the information contained therein; (4) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any Products or Products designs; or (5) reverse engineer, disassemble, decompile, decode, or adapt any Products or Product designs.
d. User-Submitted Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you submit, store, transmit or otherwise provide to use the Site.
4. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN A SPECIFIC PRODUCT WARRANTY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND SLEDZ AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, VENDORS, AND LICENSORS (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, ACCESSIBLE, UNINTERRUPTED, TIMELY, OPERATIONAL, SECURE, VIRUS-FREE, OR FREE FROM ERROR, (ii) CERTAIN RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS PURCHASED WILL BE ACCURATE, RELIABLE, OR MEDICALLY PROVEN, (iii) THE QUALITY, PERFORMANCE, OR LONGEVITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR STANDARDS, OR (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL REFERENCED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR COMPUTER, MOBILE DEVICE, OR RELATED SYSTEMS THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
5. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from the Site to reconstruct any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
6. Limitation of Liability
You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY MATERIALS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM: (a) ERRORS, MISTAKES OR INACCURACIES OF THE SITE; (b) THE USE OR THE INABILITY TO USE THE SITE; (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE; (d) THE REPLACEMENT COST OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITE; (f) ANY TRANSMISSION FROM OUR SERVERS; (g) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (h) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE; (i) YOUR RELIANCE ON MATERIALS MADE AVAILABLE BY US; (j) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY MATERIALS POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; (k) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR PRIVACY POLICY EVEN IF SLEDZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR (l) ANY OTHER MATTER RELATING TO THE SITE.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND THE RELEASED PARTIES BECOME LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO SLEDZ OR ONE-HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
If you are a resident of the State of New Jersey, to the extent New Jersey law prohibits the limitations and/or exclusions of liability set forth in these Terms, such limitations and/or exclusions shall not apply to you.
Any claim or cause of action arising out of or related to your use of the Site, these Terms, or your use of Materials made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Sledz to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
The Site is controlled and offered by Sledz from its facilities in the United States of America and Canada. Sledz makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7. Indemnification
You will indemnify, defend, and hold harmless the Released Parties, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
a. Your access to or use of the Site, including but not limited to its Materials and Products;
b. Your violation of any of the provisions of these Terms;
c. Any activity related to your Account by you or any other person accessing the Site through your Account, including, without limitation, negligent or wrongful conduct; or
d. Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Materials and Products, other than as expressly authorized in these Terms, your use of any information obtained from the Site, and any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You expressly waive and give up all rights and benefits under California Civil Code Section 1542 and any law or legal rule of similar effect in any other state or territory with respect to the releases granted by you in these Terms, including but not limited to the release of unknown and unsuspected claims granted in these Terms. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8. Our Compliance with COPPA
THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. BY USING THE SITE, YOU REPRESENT THAT YOU ARE NOT UNDER THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.
9. Governing Law and Venue
These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Georgia (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in the United States District Court Northern District of Georgia and of any Georgia state court sitting in Fulton County, GA. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Notwithstanding the foregoing, you hereby agree that any dispute arising out of or relating in any way to these Terms or your use of the Site and/or any information, Products or Materials you obtain from us requires that such claim be resolved exclusively by confidential BINDING ARBITRATION, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a court of competent jurisdiction in the State of Georgia. The arbitration shall be conducted before three neutral arbitrators in Atlanta, Georgia, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Fulton County, GA for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce our intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Fulton County, GA.
When you visit the Site, send us e-mails, or establish an account, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically either by e-mail or by posting notices or related information on this Site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
10. How to Contact Us
To ask questions or comment about these Terms, you may contact us at:
Sledz, LLC
Attn: Terms
P.O. Box 551024
Atlanta, GA 30355
info@sledz.com
11. Changes to the Terms
We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and these Terms to check for any changes.
12. Entire Agreement
These Terms, along with all of its subparts, as revised and amended from time to time, represent the entire understanding and complete agreement by and among you and Sledz concerning the matters set forth herein and govern your use of the Site, Products and your Account, superseding any prior agreements between you and Sledz (including, but not limited to, any prior versions of these Terms).
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
Last updated: August 1, 2021