Section 1. Acceptance of Terms and Conditions
Use of this web site is conditioned upon users acceptance of the terms and conditions contained
herein. All users of this web site hereby understand and agree that their use of such web site
constitutes acceptance of the terms and conditions set forth in this legal notice. PUMA, and the
PUMA group of companies, (hereinafter collectively referred to as "PUMA"), reserve the right to
modify the terms and conditions at any time without prior notice. If you do not agree to these
terms, you may not use this web site. The domain name PUMA.com is owned by PUMA AG Rudolf Dassler
Sport.
Section 2. Trademarks
This web site contains many trademarks, trade names, service marks, copyrights and or logos
of PUMA and may also contain several protected marks of
PUMA's numerous affiliates. Such marks remain the property of their respective owners. User
recognizes and acknowledges the ownership of these marks and understands that it does not acquire,
through use of this web site, any right, title, or interest in the marks. User agrees that it will
not change, modify and or exploit the marks, nor participate in any activity which modifies and or
exploits such marks. All rights to these marks are reserved. Any use of the marks without
expressed written authorization is strictly prohibited.
Section 3. Prohibited Use
Any use of this web site for an illegal or objectionable purpose is strictly prohibited.
User agrees that it will not use this web site to engage in any activity that could be deemed
illegal, harmful to others, or give rise to civil liability. Such activities include, but are
not limited to: (i) activities involving the transmission of unlawful, threatening, harassing,
obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information;
(ii) activities involving the transmission of junk mail or spamming; (iii) activities involving
the promotion or use of viruses; (iv) activities that violate any law, regulation or statute;
and or (v) activities that infringe upon any legally protected property right, etc. By using
this site, user agrees that any and all information transmitted to or with the use of this site
can not and shall not be deemed confidential or proprietary. PUMA reserves the right to monitor
transmissions and investigate any alleged prohibited use of this web site and to disclose any
and all information relating to such prohibited use. PUMA, its officers, directors, affiliates,
employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly
disclaims, any and all liability relating to an individuals illegal or prohibited use of this
web site. Any violation of this or any other section contained herein may result in termination
of service and or any other action PUMA determines appropriate under the circumstances.
Section 4. Third Party Relationships
This web site may contain several links to other sites. These links are provided merely to
assist the user. These sites are independent of PUMA's site and PUMA does not and cannot
control the content and or representations of such sites. The information presented on these
links may not necessarily reflect those beliefs held by PUMA. The inclusion of a link does not
mean that PUMA accepts or endorses any of the content contained in such site. The user is
responsible to protect himself/herself while associating with the linked site. PUMA, and it's
officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries
disclaim any and all responsibility/ liability for content contained on such linked sites and
will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
Section 5. Modifications
This web site may contain typographical errors or technical inaccuracies. PUMA reserves the
right to modify the content of this web site at any time without prior notice. PUMA's failure
to enforce any section of these terms and conditions shall not be construed as a waiver of such
provision.
Section 6. Severability
If one or more of the provisions contained
in these terms and conditions are held to be unenforceable under applicable law, such provision
shall be appropriately limited in its scope. If any such limitation is not feasible, such provision
shall be excluded from these terms and conditions and the balance of these terms and conditions
shall be enforceable.
Section 7. Warranties & Limitation of Liability
PUMA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE. IN NO EVENT SHALL PUMA BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
RELATING TO OR ARRISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD
ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
Section 8. Force Majeure
Notwithstanding any other provision set forth in these terms and conditions, PUMA shall
not be liable for any failure or delay in its performance due to any cause beyond PUMA's
reasonable control, including, without limitation, any act of war or civil insurrection,
national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood,
embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor
difficulties, industry-wide supplier failures, unavailability of materials, rights of way
or governmental acts; provided, however, that PUMA shall use its commercially reasonable
efforts to correct promptly such failure or delay in performance to the extent consistent
with then applicable law and regulatory requirements and appropriate in light of then existing
circumstances.
Section 9. Indemnification
User hereby agrees to indemnify,
defend, and hold harmless, PUMA, its officers, directors, affiliates, employees, contractors,
subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits,
demands, costs and damages (including reasonable attorney's fees) asserted by any third party
as a result of user's use of this web site. PUMA has the right to control any defense pertaining
to this section.
Section 10. Relationship
Nothing in this Agreement is
intended to or shall be construed to constitute or establish an agency, joint venture, partnership,
or fiduciary relationship between the parties, and neither party shall have the right or authority
to act for or on behalf of the other Party.
Section 11. Governing Law
These terms
and conditions shall be governed by, construed, and enforced in accordance with the laws of the
Commonwealth of Massachusetts, United States of America, without regard to any choice of law
principles.
Section 12. Jurisdiction
User hereby agrees and irrevocably
consents to submit to the exclusive jurisdiction and venue of the courts of the State of
Massachusetts and of the United States of America located in the State of Massachusetts for
any and all claims arising from the use of this web site.
Section 13. Entire Agreement
These terms and conditions constitute the full and entire understanding and agreement between
the parties pertaining to the subject matter and supersede in their entirety any and all
written or oral agreements previously existing between the parties with respect to the subject
matter.