Dazadi hereby grants you a limited license to access and use this Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; or any derivative use of this Site or its contents. You may not frame the Site or post materials from the Site on other web sites without our express written consent. You may not use any meta tags or any other "hidden text" using our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by to you by this agreement. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray Dazadi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Dazadi or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel, or otherwise, any license, title, or ownership of or to any intellectual property right of Dazadi or any third party.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dazadi and/or its third party suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Dazadi and is protected by U.S. and international copyright laws. All software used on this site is the property of Dazadi or its software suppliers and is protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display, incorporate into another web site, or in any other way exploit any of the content of this Site, in whole or in part, without our specific permission.
Dazadi, the Super Duper logo, the Super Duper Site layout and other marks or dress indicated on our site are trademarks or trade dress of Dazadi. Dazadi' trademarks and trade dress may not be used in connection with any product or service that is not from Super Duper Sports, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Super Duper Sports. All other trademarks not owned by Dazadi that appear on this Site are the property of their respective owners. Use of the Dazadi trademarks as a meta-tag for search engines is strictly prohibited.
All items purchased from Dazadi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery by us or our suppliers to the carrier.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, OR AGAINST INFRINGEMENT. DAZADI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AMAZON.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DESIGNS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. THEY MAY BE DELISTED AT OUR SOLE DISCRETION.
NEITHER SUPER DUPER SPORTS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF DAZADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, INFRINGEMENT, NUISANCE AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT SUPER DUPER SPORTS AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT OR FOR ANY PRODUCTS YOU PURCHASED FROM DAZADI.
It is our intent to provide the most accurate and up-to-date information available throughout the Site. Occasionally, information on this Site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. Dazadi does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Dazadi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If a product offered by Dazadi itself is not as described, your sole remedy is to return it in unused condition.
Dazadi may, at times, feature on its Site links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise.
THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH DAZADI. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. WE WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY ADVERTISER. YOU ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
Dazadi welcomes comments regarding its products and services. However, our policy is not to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by our staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Dazadi, including any intellectual property rights existing in the Information. None of the Information shall be subject to any obligation of confidentiality on the part of Dazadi and we shall not be liable or owe any compensation for any use or disclosure of the Information.
Dazadi makes no representation that Materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You hereby indemnify, defend and hold harmless Dazadi and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees and court costs, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Dazadi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any dispute arising between you and Dazadi, including those related to your use of this Site or any products you purchase from this Site, will be submitted to binding arbitration in Los Angeles, California, in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
Dazadi shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Dazadi respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, that your trademarks or trade dress have been used without authorization, or that your intellectual property rights have been otherwise violated, please contact Dazadi' Copyright and Trademark Agent and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work, trademark, trade dress, or other intellectual property that you claim has been infringed, including copies of any registrations;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to:
Copyright and Trademark Agent for Dazadi
McDermott, Will & Emery LLP
2049 Century Park East, 38th Floor
Los Angeles, CA 90064
Attn: Jorge Arciniega
Exercise & Fitness
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