These Terms of Use were posted on January 20, 2016 and are effective for all new users of the Under Armor Services as of the dates set forth below.
Other important notes regarding the regulations:
Additional terms and conditions apply to users in the EEA and are set out under “Country-Specific Notices”.
For EEA users, please use one or more of the following sources to submit a request to delete your account, delete data, access data, and similar data requests.
Read more
Users from Indonesia, Malaysia, Philippines, Singapore and Thailand please click here for language options and country specific websites.
Read more
For users in Turkey, our distributor operates a separate website http://www.underarmour.com.tr.
Read more
For users in Japan, our Japanese distributor operates a separate website http://www.underarmour.co.jp.
Read more
Terms of Use
Previous Versions Under Armor Terms 2016 Download PDF
Effective Date: May 20, 2018
Welcome to Under Armour.
We love creating innovative products and services to empower people around the world, and we're thrilled to have you on our team.
These Terms of Service set out the rules of the game - designed to create a positive, law-abiding community for our users.
By using Under Armor products and services, you agree to all of the following terms.
Under Armor, Inc. and Under Armor Europe B.V. and its subsidiaries and affiliates, including UA Connected Fitness, LLC (collectively, "Under Armour," "we," or "us"), offer various products and services, including Under Armor-branded fitness and wellness websites and apps ( "MapMyFitness" etc.); wearables, devices and other hardware and content; our e-commerce websites and apps ("Under Armor Shopping") and all other current and future digital product and service offerings that we make available, including all product services and content provided in cooperation with our partners (collectively, the “Services”).
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTE WITH UNDER ARMOR AND YOU SHOULD REVIEW THEM CAREFULLY.
BY YOUR DECISION TO CREATE AN ACCOUNT, ACCESS AND USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US), YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY, WHICH IS A PART OF THESE TERMS.
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, DO NOT USE OUR SERVICES.
Please note that by accessing or using our Services, your Personal Information (as that term is defined in the Privacy Policy) and User Generated Content (as defined below) that you submit to any portion of the Services is also shared within Under Armour and its services can be passed on.
Please note the summaries in gray boxes at the top of most sections to make the terms easier to understand.
In the event of a conflict between a summary and any section of the Terms, the Terms will control.
You can always contact us through our support team if you have any questions or suggestions.
1. Use of the Services and Your Account
1.1 Who can use the Under Armor Services?
Under Armor welcomes users of all ages, but you must be at least 13 years of age to use most of the Services and at least 18 to use Under Armor Shopping.
You must be at least 18 years of age to use Under Armor Shopping (unless otherwise stated in the International Terms section applicable to specific jurisdictions).
If you are between the ages of 13 and 18, you may use our other Services (other than Under Armor Shopping) only with the supervision and consent of a parent or legal guardian.
No person under these minimum ages may use the Services, provide Personal Information to Under Armor, or otherwise enter Personal Information (e.g., name, address, phone number, or email address) through the Services.
1.2 Your Account
You may be required to create an Under Armor account in order to access the Services and it is important that the information associated with your account is accurate and up to date (particularly your email address - if you forget your password, is a working email address is often the only way for us to verify your identity and help you sign up again).
You may be required to register for an Under Armor account to access or use certain Services.
Your account may automatically give you access to new services and the ability to use new services.
If you create an account for any of our Services, all of the information requested from you during the account creation and registration process must be accurate, complete and kept up to date.
Otherwise, our Services may not function properly and we may not be able to send you important communications.
You are responsible for keeping all activities that occur while using your account confidential and you must promptly report any actual or suspected loss, theft, or unauthorized use of your account or your account password to our support team.
We are not responsible for any damage resulting from unauthorized use of your username or password.
If you reside in the European Union: You have the right to delete your account with us by contacting the Support Team.
If you choose to permanently delete your account, the non-public personal information associated with your account will also be deleted.
1.3 Service Updates, Changes and Limitations
Our services are constantly evolving.
Because we are always introducing new products, services, and features, we need the flexibility to make changes, impose restrictions, and occasionally suspend or terminate certain services.
We may also update our Services, which means they may not work properly if you do not install the updates.
The Services change frequently and their form and functionality may change without notice.
We may provide updates (including automatic updates) to certain Services at our sole discretion.
This includes upgrades, modifications, bug fixes, patches and other bug fixes and/or new features (collectively "Updates").
Certain parts of our Services may not function properly if you do not install all updates.
You acknowledge and agree that if you do not allow such updates and do not expressly consent to automatic updates, the Service may not function properly.
You further agree that the Terms (and any other changes to the Terms) will apply to any updates to the Services.
We may change, suspend, or discontinue some or all of the Services, including but not limited to the availability of any product, feature, database, or content, at any time.
We are also under no obligation to provide updates or to continue to provide or enable any particular feature or functionality of any Service.
We may also impose restrictions on certain Services or ban you from accessing all or any part of the Services without notice or liability.
1.4 Monitoring and Suspension of Services
We reserve the right to refuse to provide the Service and may monitor, terminate or suspend your account or access to the Services at any time.
We reserve the right, but have no obligation, to use any account and/or activity conducted through or in any way associated with the Services (including inviting a fellow user to a community or group). or to monitor access to personal data and profiles of other users.
We may also disable, suspend, or suspend your account or access to certain Services at any time in the following circumstances: (1) If we determine, in our sole discretion, that you have violated these Terms or the spirit or purpose thereof (as determined by the Community Guidelines) violated or have violated, (2) if we determine, in our sole discretion, that you have created a risk or potential legal consequence to Under Armor, the public, a third party, or another user of our Service, (3) as Responding to requests from law enforcement or other governmental entities, (4) after discontinuation or material modification of a Service, or (5) due to unexpected technical difficulties or problems.
We will endeavor to notify you of any such deactivation, termination or suspension by email or upon the next attempt to access your account.
1.5 Security
Please let us know immediately if you think your account has been hacked or compromised.
The safety of our users is important to us.
While we make every effort to ensure the security of your Personal Information, User-Generated Content, and your account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures.
Please contact our support team for any actual or suspected breach or unauthorized use of your account.
Account.
2. Content Ownership and Use of Content
2.1 The Definition
Content is what appears on your screen when you use our Services.
User-Generated Content is content created by you or other users, and UA Content is any other content.
For purposes of these Terms, (i) the term "Content" means any information, data or creative expression and includes but is not limited to video, audio, photos, images, illustrations, animations, tools, text, ideas, messages, replies, "likes" , comments, software, scripts, executables, graphics, maps, routes, geospatial data, workouts and workout data, biometric data and data elements derived therefrom, training plans, sleep activity, annotations, nutritional information, recipes, interactive features, designs, copyrights, trademarks, Service marks, brand concepts, logos and similar assets, patents, sounds, apps and intellectual property therein, all of which may be generated, made available or otherwise made available on or through the Services; (ii) the term "User-Generated Content" means any Content that a User submits, transmits or otherwise makes available to or through the use of the Services; and (iii) "UA Content"" includes any Content that is not User Generated Content.
2.2 Ownership
You own the content you create and we own the content we create.
All UA Content and all copyright, trademark, design, patent and other intellectual property rights (whether registered or unregistered) in the Services and UA Content belong to Under Armor and/or its affiliates or their respective third parties.
Each User retains ownership, responsibility, and/or other applicable rights in the User-Generated Content they create, but grants a license in such User-Generated Content to Under Armor as explained in Section 2.5 below.
Under Armor and/or its affiliates or third parties retain ownership, responsibility for, and/or other applicable rights to all UA Content.
Except as expressly provided in the Terms, nothing grants you any right or license to use the UA Content, including content owned or controlled by our partners or other third parties.
You agree not to reproduce, publish, display, distribute, modify, or create derivative works from the material offered through the Services unless expressly authorized by Under Armor in writing.
2.3 Our License to You
You are welcome to access and use our UA Content and Services.
We are committed to providing our users with a special experience.
Therefore, we ask that you respect our intellectual property rights and use our UA Content and Services only in the ways intended for that purpose.
This includes not using any UA Content or Services for commercial purposes without our consent.
We have some APIs and other tools you can use to build your own apps and products.
Contact us to find out more.
Subject to your compliance with these Terms, we grant you the limited, revocable, personal, non-transferable and non-exclusive right and license to access and use the Services and the UA Content for your own personal, non-commercial purposes, under provided that you will not copy, modify, create derivative works from, disassemble, sell, assign, sublicense, grant a third party a security interest in, transfer, or otherwise commercially exploit the UA Content or the Services.
2.4 Acceptable Use Policy
2.4.1 UA Content.
Except as expressly permitted by applicable law or authorized by Under Armor, you agree not to use the Services, the Services software, or the UA Content offered as part of the Services (other than User-Generated Content), in whole or in part modify, rent, lease, lend, sell, distribute or create derivative works from any part of it.
You may not download and copy or store any UA Content except (i) to the extent that the functionality of certain Services (e.g., printed maps) expressly permits, as set forth in the specific guidelines and/or Additional Terms applicable to such Services , or (ii) for personal use or your records only.
2.4.2 Commercial Use of the Services.
With the exception of certain products and services provided through the Under Armor branded websites and certain widgets that we make available as tools for website owners (collectively, the "Commercial Tools"), the Services are for your personal use only , intended for non-commercial use only.
You may not use the Services (except for certain commercial tools) to sell any product or service, drive traffic to your own or a third party's website for any commercial purpose, such as advertising, or otherwise attempt to to generate income as a result.
For example, you may not use the results of a search on the Services and reformat and display them or mirror our home pages or results pages on your website.
Furthermore, you may not perform any "meta search" using our Services.
If you wish to make commercial use of the Services in any way other than through the Commercial Tools, you must first enter into an agreement with us.
You can find more information about the commercial tools in our developer portal.
By using the Commercial Tools, you acknowledge and accept the Terms and any additional terms and conditions applicable to those selected Services.
2.4.3 Link to the Services.
If you wish to place a link to our Services on your website or app, please follow these rules: (i) a link to the Services must be in plain text only, clearly marked with the words "Under Armour". (without the use of any other trademark, logo, copyright notice or other intellectual property property owned or controlled by Under Armour) or other format determined by Under Armour, (ii) appearance, location and other aspects of the link must not damage or diminish the goodwill associated with our brands, (iii) the link must "point" to the root domain name of the Services and not to other pages within the Services, (iv) appearance, location and other characteristics of the link must not create the false impression that your organization or business is affiliated with Un the Armor is sponsored or affiliated with Under Armour, (v) if selected, the link must display the service full screen and not in a "frame" on the affiliated website or service, and (vi) Under Armor reserves the right to withdraw consent to the link at any time and in its sole discretion, and you agree to promptly remove the applicable link upon receipt of notice of withdrawal of consent.
2.5 Your License to Us
If you post Content in connection with the Services, you own it - nevertheless, you give us permission to use the Content in connection with our Services and to make the Content available to others.
We may edit or remove your content from our Services at any time for any reason.
Do not post content that you do not own or do not have permission to post.
If you provide User-Generated Content to Under Armor through the Services, you grant Under Armor and our users the nonexclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use the User-Generated Content in connection with all Services host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, to adapt it to the requirements of any adapt the network, device, service, or media through which the Services are made available), commercialize, create derivative works from, and otherwise exploit it.
You acknowledge and agree that: (a) we may organize the publication of User-Generated Content as we see fit; (b) Under Armor is under no obligation to provide attribution for use of the User-Generated Content, but if Under Armor elects to provide attribution, the size and placement of attribution will be determined in our sole discretion; and © you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this License are solely for the purpose of enabling Armor to operate the Services in accordance with their functionality and allow other users to use the Services, improve the Services, and develop new Services.
Notwithstanding the foregoing, we will not use your User-Generated Content in any way that is inconsistent with the privacy controls you choose to establish within our Services.
For information on how to manage your privacy preferences for the Services, please see the Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason at any time, including but not limited to User-Generated Content that we believe violates these Terms, the Community Guidelines and/or our Policies.
You agree to respect the intellectual property rights of others.
You represent and warrant that you have all necessary rights to grant Under Armor the foregoing license to any User Generated Content you submit in connection with the Services and will indemnify us for any breach of such representation and warranty.
2.6 Notify Friends
If you share another person's personal information with us, you must first get their permission.
We hope you enjoy our services and we look forward to sharing your enthusiasm with your friends.
If you use the features on our Services to tell a friend about our Services, we will ask you for your friend's email address or social media profile.
We may then use this information to contact your friend about the Services.
We may store the information you give us for a time, but we will not make this information public.
You represent and warrant that you have the right to disclose any third party contact information that you provide to us as a referral and that you will hold us harmless for any breach of that representation and warranty.
2.7 Retention of Content
Please remember that once you publish something on the Internet, it is practically impossible to remove all copies of it in the future.
Upon termination of your account or if you remove User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period for backup, archiving, or auditing purposes, or as otherwise provided or permitted by law.
In addition, Under Armor and our users may retain and continue to use, store, display, reproduce, publish, modify, create derivative works from, perform, and distribute your User-Generated Content otherwise stored or published through the Services.
Accordingly, please note that the above license to your User-Generated Content survives even if you no longer use the Services.
When you post something publicly, others can comment on it and make your content part of a social conversation.
For more information, see our privacy policy.
2.8 User Generated Content and Eligibility to Participate in Certain Sports Organizations
What happens online can have consequences in the real world.
Certain sports organizations have rules for amateur athletes and eligibility requirements that you may be breaking by posting User-Generated Content on the Services, even if you believe it is not of a commercial nature.
It is your responsibility to determine whether posting such content on the Services will affect your eligibility to participate in a sporting event under any applicable rules of a sporting organization.
2.9 Your Feedback
We value your feedback and are free to use your suggestions to support Under Armor and users worldwide.
Thanks very much!
Please keep sharing your ideas with us!
Use our idea submission site to send us comments, ideas or feedback; in doing so, you agree that we are free to use the ideas you submit without restriction or compensation.
Acceptance of your ideas does not mean that Under Armor waives any rights to use similar or related feedback that Under Armor was already aware of, developed by our employees, or received from sources other than you.
You represent and confirm that the information or feedback you send us through the Services is not confidential or proprietary information.
3. Community Guidelines
3.1 Interactive Areas
Our Services often include community features.
If you post content through these features, that content may be published.
We may, but do not always, monitor our community features, and you are ultimately responsible for your interactions with other users.
So use common sense and fair play.
Some of our Services may contain reviews, discussion forums, talk pages, blogs, or other interactive areas or social features that allow you and other users to post user-generated content and interact with each other (“Interactive Areas”).
You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including but not limited to the submission, accuracy, and completeness of the User-Generated Content.
Because the Interactive Areas are often public, you understand that your User-Generated Content may be published and may remain public.
You should therefore never post personally identifiable information in an interactive area.
We may, but have no obligation, to monitor our community features.
You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, contests, and friendly competitions.
We accept no responsibility or liability for any loss or damage resulting from your interactions with other users using the Services, people you meet through our Services, or people you find because of content you find on, through or through the post the services.
Under Armor has no obligation to become involved in any dispute between its users and disclaims any liability related to any dispute between its users, and you release Under Armor from any responsibility and liability arising out of or in connection with any such dispute.
3.2 Community Guidelines
Our Services are designed to provide you with a safe environment that supports you in achieving your fitness and wellness goals.
You may not use our Services to post inappropriate material, harass people, send spam, infringe intellectual property rights, or engage in any other inappropriate activity.
Be reasonable and act responsibly.
Our Services aim to create a safe and supportive community for all users.
To ensure a safe and positive environment, we require everyone to agree to and follow certain rules (the "Community Guidelines") when posting User-Generated Content and using the Services.
In many cases, our Community Guidelines are based on the principles of applicable law.
Violating our Community Guidelines may subject you to criminal prosecution and civil liability.
By using the Services, you agree that your User Generated Content, and particularly your use of the Interactive Areas, will not violate the Community Guidelines.
If you violate the Community Guidelines, we reserve the right to block your access to the Services.
No inappropriate content.
Don't post content designed to stalk, threaten, hurt, harass, offend, or embarrass other members of the community.
Disparaging remarks about sex, gender, age, weight, body type, disability, race, religion, or sexual orientation, and advocating violence against any person or group, even if packaged in a humorous manner, are not allowed.
This includes expressing stereotypes about a group or community.
Don't post content that is defamatory, obscene, pornographic, abusive, hateful, inflammatory, or sexually explicit.
You can respectfully disagree with a message, post or topic, but please do not attack other users by making fun of or insulting them.
If you are attacked by another user and respond in the same way, it can have the same consequences for you.
Kein Hijacking, Trolling oder Flame-Baiting.
When contributing to our forums, please keep an existing thread on topic and post new threads in the appropriate forum.
Taking a thread off topic is considered hijacking.
This also includes posts that are intended to provoke or encourage an uproar.
-No promotion of unsafe weight loss techniques or eating disorders.
Use of the Services to promote, glorify, or achieve dangerously low nutritional intake is not permitted.
Accordingly, please do not contribute the following types of content, which may be removed without notice:
- Content intended to promote potentially unsafe or controversial weight loss products or procedures, particularly non-prescription dietary supplements or MLMs.
- Profiles, groups, messages, posts or wall comments that advocate anorexia, bulimia or very low calorie diets.
This also includes positive statements about anemia, detoxification or self-starvation.
- Photos that glorify extreme thinness.
No harm to minors.
Do not use the Services in a way that harms minors (or anyone else).
No disruptions, exploits or abuse.
You must not disrupt or damage the operation of the Services, including but not limited to unauthorized use, disruption, automated attacks, exploitation or misuse of our resources.
No sending spam or junk mail.
Don't send unsolicited junk mail via Posts, Replies, or Messages.
No illegal content.
Do not advocate, encourage, or support any fraudulent or illegal activity (e.g., violence, impersonation, or computer abuse).
No collection of personal data.
Do not post or solicit personal information relating to or from any third party, including but not limited to photos, phone numbers, street addresses, last names, email addresses, and passwords in the Interactive Areas.
No public posting of private conversations.
Do not publicly post an email or private message from another user, moderator, or admin.
No breach of a legal obligation.
Do not post content that violates any contractual or other legal obligation to a third party.
No misleading or fraudulent links.
Don't post misleading or fraudulent links.
This includes misleadingly naming links, stating a false "source" in a post, setting up deceptive click-through links in images, or embedding links in intervening ads or in pop-up ads.
No infringement of intellectual property rights.
Respect the intellectual property of others.
If you don't have permission to use someone else's copyrighted work or the like (e.g. by license or within legal exceptions and limitations such as fair use), please don't post it.
In particular, if you have reason to believe that any User-Generated Content you see on our Services infringes your intellectual property rights or those of others, please see the Intellectual Property/DMCA section of our Terms.
Do not impersonate Under Armor or any other person.
Do not post content that is intended to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person, including Under Armour.
Creating an account to deceive other users or circumvent a temporary ban is not allowed and will result in permanent ban from the Services.
No automated retrievals.
Do not send automated requests of any kind to the systems and networks we use to provide the Services without our express written permission.
Miscellaneous.
Do not post content that contains anything that Under Armor, in its sole judgment, finds objectionable or inhibits any other person from using or enjoying the Services, or that may in any way harm Under Armor or our users or make us liable.
Do not post content that may damage or undermine the goodwill associated with Under Armor or our brands.
If we determine that you are in violation of the Community Guidelines or have otherwise violated the Terms, we may take action to correct the problem, including but not limited to terminating your authorization to use the Services, removing your User-Generated Content, taking legal action against you initiate (in which case you agree that we may be compensated for reasonable costs and attorneys' fees) or disclose information to law enforcement authorities.
We reserve the right, in our sole discretion, to enforce or not enforce these Community Guidelines without incurring any obligation or contractual obligation to do any particular course of action.
3.3 Reporting Offensive User-Generated Content
There are people who post inappropriate content on user generated content pages.
We're doing our best to keep the community safe and secure (if people respect the community guidelines, it helps), but you can still come across nasty content before we've had a chance to remove it.
If you discover anything offensive, please let us know.
We require all of our users to comply with the Community Guidelines, and we reserve the right to monitor violations, but ultimately we cannot guarantee that you will comply with the Community Guidelines or these Terms at all times .
If you believe that content submitted to our Services violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content, please report it to the support team.
We have the right, but not the obligation, to review and remove or take any action on User-Generated Content you report.
You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to user-generated content from a variety of sources and that we are not responsible for the accuracy, usefulness, security, legality, appropriateness or rights of the intellectual property of this user-generated content.
We are not responsible or liable for any injury or damage you may suffer as a result of objectionable User-Generated Content or another user's failure to comply with our Community Guidelines.
4. Intellectual Property/DMCA
We respect intellectual property rights.
If there is an issue, please email us at ConnectedFitnessIP@ua.com with full details
If you believe that any User-Generated Content or UA Content infringes any copyright or trademark under U.S. or other national law, please report it to us immediately using the contact information provided herein.
It is our policy to investigate any allegations of injury that are brought to our attention.
In your report of suspected infringement, please provide us with the following information:
Indication of the material that is infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail for us to locate and verify its existence.
Contact information of the reporting party (the “Reporting Party”), including name, address, phone number and email address.
A statement that the reporting party has a good faith belief that the material is not authorized by the owner, its agent, or the law.
A statement under oath that the information in the report is accurate and that the reporting party is authorized to make the report on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that is claimed to be infringing.
Your report must be signed (physically or electronically) and addressed as follows:
Copyright Agent
c/o Under Armour, Inc.
1020 Hull Street
Baltimore, MD 21230
ConnectedFitnessIP@ua.com
You acknowledge that if you do not comply with all of the requirements of this section, your report may be void.
Some of the information contained in an infringement report may be shared with the user who posted the allegedly infringing content.
In the United States, a person who knowingly and materially falsely alleges that material or activity is infringing may be subject to liability under Section 512(f) of the Digital Millennium Copyright Act (DMCA).
For more information about filing and responding to a DMCA notice, visit www.copyright.gov; see www.uspto.gov/trademark for more information on copyrights.
5. External Links and Services
Our Services may link to, interact with, or be made available on external services or products, such as social media and external devices.
If you access such third-party services or products, please note that different terms and privacy policies apply to your use of those services.
5.1 Social Media and Login Information
You can activate or sign up for the Services through various third-party online services, such as social media and social networking services such as Facebook or Twitter ("Social Networking Services").
In order to be able to use these features and possibilities, you may have to authenticate, register or log in to social network services on the websites of the respective providers.
With this integration, the social networking services give us access to certain information that you have provided to them, and we will use, store and disclose that information in accordance with our privacy policy.
Please remember that the use, storage, and disclosure of your information by third parties (including social networking services) is governed solely by the policies of those third-party services, and we have no liability or responsibility for the privacy practices or other actions of any website or third-party service that may be activated in the Services.
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Social Networking Services.
Accordingly, we shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on such social networking services.
5.2 Third Party Apps
You may be able to access certain external links, apps, content, services, promotions, special offers, or other events or activities ("Third Party Apps") through our Services.
If you choose to access these third-party apps, you may be asked to sign in to, or sync your accounts with, those apps.
You are under no obligation whatsoever to use any Third Party Apps and access and use of such Apps is entirely at your own risk and we accept no liability for them.
Further, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinion, advice, or statement made available by any Third-Party Apps.
Accordingly, we shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Apps.
5.3 Third Party Products
You may access our Services through third-party devices or products ("Third-Party Products"), and in order to use certain features of the Services, you may need to purchase Third-Party Products (e.g., fitness trackers).
While we may recommend, promote, or market certain partners' products, we are not responsible for your purchase or use of any third-party products, and we do not guarantee that the third-party products will work with the Services or be error-free.
We hereby disclaim all liability for any third-party products, including third-party products offered by our partners.
5.4 External Services, Activities and Events
Our Services may enable you to discover, access, or participate in certain third-party services, activities, or events (“External Activities”).
For example, but not limited to, you may use the Under Armor We Will website to obtain information about and register for outside volunteering.
Outside Activities are provided by a third party and not by Under Armour.
Your presence and participation in external activities is at your own risk.
Under Armor shall have no liability for the acts, errors or omissions of any third party, including but not limited to those arising out of or in any way connected with a User's presence, participation in or use of External Activities when the External Activities are first accessed via the Services discovered or booked, or the User signed up for the External Activities through the Services; likewise, Under Armor shall not be liable for any performance or non-performance by any third party in connection with the Services.
Under Armor does not represent any third party activity provider.
6. Mobile Services
While we strive to make our apps available on many platforms, we cannot guarantee that our apps will be compatible with your device (if you have any questions or problems, please let customer service know, we want to help).
When you use our apps, your usual data and messaging rates apply, as well as the rules of the app store you download the apps from.
6.1 Carrier and Device Requirements
In order to use or access our apps, you need a compatible device.
We cannot guarantee that the Apps will be compatible with your device or that you will be able to access the Apps from your device.
We do not charge for using some basic apps; however, you may incur charges if you use certain premium apps or features.
In addition, your carrier's standard messaging, data, and other charges will continue to apply.
6.2 Express Consents via Text and Mobile Messages
By downloading or using our Apps, you expressly consent to us processing transactions you initiate on the Services through the Services via SMS, MMS, text messaging, or other electronic means addressed to your device communicate with you or respond to your requests to us, and that certain information about your use of the Apps may be sent to us automatically from your device.
We will not send you direct marketing communications without your prior express written consent, and you may opt-out of receiving marketing communications from us at any time.
6.3 Mobile App License
We hereby grant you a limited, personal, nonexclusive, nontransferable, nonsublicensable, revocable license to use our Apps, which you download directly from a legitimate marketplace, in object code format only and only for your personal use for lawful purposes.
With respect to any open source code or third party code that may be included in the Apps, the open source code may be governed by the applicable End User License Agreement (EULA) of the third party license permitting use of the code.
6.4 App-Stores
If you download our Apps from a third party app store (the "App Provider"), you acknowledge and agree that:
The Terms constitute a contract between us and not with the app provider.
Under Armor is solely responsible for its apps towards the app provider.
The App Provider has no obligation to provide maintenance and support services for the Under Armor Apps.
If the Under Armor Apps fail to conform with any warranty obligation, (i) you may notify the App Provider and the App Provider may refund you the purchase price for the Apps (if any), (ii) the App Provider shall have To the maximum extent permitted by law, Under Armor shall have no other warranty obligation with respect to the Apps, and (iii) Under Armor shall be responsible to the App Provider for any other claim, loss, liability, damage, cost or expense arising out of any breach of any warranty obligation.
The App Provider is not responsible for addressing any claims you may have in relation to the Apps or the possession and use of the Apps.
If a third party alleges that an App infringes another party's intellectual property rights, Under Armor shall be responsible to the App Provider for the investigation, defense, settlement and settlement of any such claim, to the extent required under these Terms ;
The App Provider and its affiliates are third party beneficiaries of your license to the Apps for the purposes of these Terms.
If you accept these Terms, the App Provider has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder in relation to your license to the Apps.
and
You must also comply with any applicable third party terms of service when using the Apps.
7. Paid Services
If you subscribe to our better services against payment, the following payment and billing terms apply.
Paid Services and their billing may automatically renew unless you cancel them.
You can cancel at any time.
7.1 Terms of Payment
We offer certain premium versions of the Services for a fee (the "Premium Services").
By signing up for and using the Premium Services, you agree to our Terms and any additional terms and conditions provided herein.
As soon as you subscribe to the Premium Services to the extent permitted by law, you also waive your 14-day right of withdrawal so that you can access the Services immediately.
The Premium Services give you access to certain enhanced products, services, features and functionality (eg, premium charts and analytics, an ad-free browsing experience).
If you sign up for and use the Premium Services, including signing up for free trials of the Premium Services, you agree to pay any fees or other charges applicable to the Premium Services (such as subscription fees) .
When you sign up for the Premium Services, you will be required to provide your preferred payment method and related information (“Payment Method”).
This information must be complete and accurate and you are responsible for keeping it up to date.
You expressly authorize us to collect by direct debit or ACH from your payment method the applicable fees charged for the Premium Services and any other purchases you make through the Services.
You can choose to pay monthly or annually for the premium services.
Unless otherwise specified, all fees applicable to the Premium Services must be prepaid.
These are automatically debited at the beginning of the monthly or annual period of the premium services with the selected payment method.
Unless otherwise stated, the Premium Services will automatically renew until you cancel your access to the Premium Services.
All purchases of Premium Services are final and non-refundable except at our sole discretion and in accordance with the rules applicable to the relevant Premium Service.
7.2 Suspension or Termination of Premium Services
If you fail to pay the fees or charges associated with using the Premium Services, we may use reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or suspend your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time.
You can find more information about cancellation here.
Once you have canceled your premium service and received confirmation, no changes can be made to your account.
Cancellation of a Premium Service will take effect at the end of the current billing cycle and you will continue to have the same access to the Premium Service for the remainder of the billing cycle.
For example, if you have opted for monthly billing and cancel during a month, you will be billed in full for that month and have access to the premium service through the end of that month.
You will not receive a refund in the event of suspension or termination of your Premium Service.
If you no longer wish to subscribe to a Premium Service, it is your responsibility to timely cancel your Premium Service, whether or not you are actively using the Premium Service.
7.3 Fee Changes
We may change our prices for Premium Services at any time, to the extent permitted by applicable law.
You will receive reasonable advance notice of such price changes by posting the new prices in or through the relevant Premium Service and/or by sending you an email notification.
If you do not want to pay the new prices, you can cancel the relevant Premium Service before the change takes effect.
7.4 Discount, Voucher or Gift Codes
If you have received a discount, voucher or gift code for a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the relevant code.
To redeem a discount or voucher code, log into the relevant service and enter the code to benefit from the relevant promotions.
Discount, gift and voucher codes can only be redeemed when subscribing to premium services and are only valid for accounts that have not yet been subscribed to premium services.
Discount, gift and coupon codes may not be combined with any other discount, offer, promotion or coupon and may not be exchanged, refunded, substituted or redeemed for cash or account deposit.
A payment method is required to redeem a discount or voucher code.
It is your responsibility to use any discount, voucher or gift code before it expires and expired codes cannot be refunded or extended.
It is also your responsibility to cancel the Premium Service prior to the end of any free or preferential rate period if you do not wish to continue the Premium Service at the regular rate.
The terms and conditions of a specific discount, coupon or gift code may contain additional usage restrictions such as, but not limited to, the type of plan, the duration of the free or preferential premium service, the coupon expiration dates and/or purchase quantities.
Under Armor reserves the right to discontinue discount and coupon promotions at any time.
7.5 Free Trials
We occasionally offer free trials of our Premium Services or other promotional offers (each, a “Free Trial”).
A free trial gives you access to premium services for a period; you will be informed of the relevant terms and conditions when you register for the offer.
To sign up for a free trial, you may need to provide us with your preferred payment method.
Once you have provided your payment information, your free trial will begin.
You will not be billed until the end of the free trial.
Unless you cancel before the Free Trial ends, or unless otherwise stated, your access to the Premium Service will be automatically renewed and you will be billed the applicable Premium Service Fees through the payment method you have provided.
All fees incurred are final and non-refundable, except at our sole discretion and in accordance with the rules applicable to the relevant Premium Service.
We may send you a reminder just before your free trial ends, but we do not guarantee such notifications.
It is ultimately your responsibility to know when the free trial ends if you do not wish to become a paying user of premium services after the free trial period.
If you do not wish to become a paying user of Premium Services, you must cancel your subscription before the end of the free trial period.
Once you cancel or at the end of the free trial, depending on the type of premium service, you may lose access.
If you have canceled your free trial and received a confirmation, you will not be able to continue the free trial period even if you have not used the entire offer period.
The features and content of Premium Services are subject to change at any time, and we cannot guarantee that any specific feature or content will be available throughout the Free Trial Period.
The prices applicable when you sign up for the Free Trial will be the same after the Free Trial ends, unless we tell you otherwise.
We reserve the right to modify any Free Trial offer, your access to the Premium Services during the Free Trial Period, or any of these Terms at our sole discretion without notice or liability.
You may not sign up for multiple free trials of a Premium Service at the same time, and we reserve the right to limit your ability to use multiple free trials.
8. Shopping and E-Commerce
Additional e-commerce terms and conditions may apply to Under Armor Shopping.
You can find these terms and conditions [below](#Appendix A).
We also strive to provide you with information about our refund, exchange, restocking, tax, shipping and related policies at or near the point of purchase.
If you have any questions about Under Armor Shopping, please contact our support team.
Please read these policies before purchasing from Under Armor Shopping.
9. Physical activity and nutritional advice
It's important to us that users stay healthy as they achieve their fitness goals.
Please act responsibly and use good judgment and common sense.
We provide our services for informational purposes only and will not be held responsible if you get injured or anything goes wrong.
In particular, the majority of content posted in our community by other users, while helpful, comes from strangers on the internet and should never be relied upon over good judgment or medical advice received.
9.1 Safety first
Under Armor cares about your safety.
You should consult with your healthcare provider(s) and consider the risks involved before using our Services in connection with any physical activity, wellness or fitness program, or nutritional program or consultation.
By using our Services, you agree, represent, and warrant that you have your physician's approval for participating in any wellness and fitness program, workout, exercise, or any related activity made available to you in connection with the Services are provided and that you have consulted with your doctor before making any changes to your diet based on the information available through the Services.
Not all have the same level of fitness and ability and participation in the activities promoted on our Services is at your own risk.
If you choose to participate in these activities, you do so voluntarily and with full understanding of all the risks involved in such activities.
Activities promoted in the Services may pose dangers even to those who are currently in good health.
You understand and agree that we do not physically inspect, oversee, prepare, conduct or perform any activity accessed through or discovered through the Services (e.g., promoted, official, or community staged competitions; routes; friendly competitions or similar activities; individual or group training activities; outside activities or any other events or activities using our Services) undertake or be responsible for them.
Maps, driving directions and other GPS or navigation data, including data relating to your current location, may be unavailable, incorrect or incomplete.
We advise you to always prioritize safety, obey relevant traffic regulations, not change the settings on your device while moving or in unsafe areas, and always be alert and aware of your surroundings while They train.
You expressly agree that your physical activities that may generate the User-Generated Content that you post or intend to post on or through the Services (e.g., jogging, running, biking, hiking) and certain external activities involve significant risks of property damage, personal injury or death and that you will voluntarily assume all risks, known and unknown, associated with such activities, even if caused in whole or in part by an act, omission or negligence of Under Armor or an act omission or negligence of others.
Except as otherwise provided in these Terms and to the fullest extent permitted by law, we shall have no responsibility or liability, whether direct or indirect, for any personal injury or property damage caused by your physical activities or the use or inability to use any Services or features of the Services including but not limited to any content or activity that you access or learn about through our Services (e.g., an external activity such as a yoga class), even if caused in whole or in part by an act, omission or negligence of Under Armor or others.
You expressly agree that, subject to applicable legal limits, we have no responsibility for any outside activities or any other race, competition, class, sporting activity or event using, promoted through or accessed through the Services becomes.
9.2 Disclaimer Regarding Accuracy and Reliability of Content
We make no representation or warranty as to the accuracy, reliability, completeness, or timeliness of any content available through the Services, and we make no commitment to update such content.
In addition, any User-Generated Content, including but not limited to advice, statements or other information, such as food, diet, nutritional advice, exercise advice, athletic activities and exercise database entries, is not created by Under Armor and should not be relied upon without independent verification.
User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated the User-Generated Content.
All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.
Not all users, who may identify themselves as professional trainers or licensed nutritionists, are licensed in all relevant jurisdictions.
Under Armor is not obligated to verify that users who identify themselves as licensed trainers or dietitians are actually licensed.
If you pose as a licensed trainer or nutritionist, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you provide your services.
Users should also keep in mind that even if a user is a licensed trainer in a jurisdiction, it does not mean that the trainer user is licensed in the jurisdiction from which other users use the trainer's advice.
Accordingly, the use of advice by other users is at their own risk.
To the maximum extent permitted by law, in no event shall Under Armor be responsible or liable for any loss or damage arising out of your reliance on any information or advice provided by users of our Services.
9.3 No Medical Advice
We aim to provide helpful general information to our community, not professional medical advice.
The Services are not medical devices and the data they provide is not intended to be used for any medical purpose or to diagnose, treat, cure, or prevent any disease, condition, or injury.
You expressly agree that we will not provide medical advice through the Services, subject to applicable legal limits.
All content on the Services, whether provided by us or by other users or third parties (even if they claim to be a doctor!)
provided are not for use in lieu of (a) the advice of your doctor or other healthcare professional, (b) a visit, phone call, or consultation with your doctor or other healthcare professional, or © any information on or in any product packaging or on any label and should not be used in their place.
To the maximum extent permitted by applicable law, we are not responsible for any medical condition that may arise from any exercise program, nutritional advice, consultation, product, or event that you learn about through the Services.
If you have any health questions, please contact your doctor or other health care provider immediately.
In the event of an emergency, call your doctor or local emergency services immediately.
Your use of the Services does not create a doctor-patient, therapist-patient, or other relationship with any other healthcare professional between Under Armor and you.
9.4 Untypical Success Stories
Success Stories posted by Users or Under Armor on our Services may not represent typical or even accurate results obtained from a particular fitness activity or diet.
To the fullest extent permitted by applicable law, Under Armor makes no commitment or liability related to the accuracy, reliability, or effectiveness of any fitness activity or diet recommendations contained in user success stories.
9.5 Accuracy
The Services are designed to provide you with information to promote your wellness and fitness activities.
Some Services are designed to track your body movements and sleep activity ("Activity Tracking Services").
These activity tracking services rely on sensors and/or GPS capabilities that track your movement or rest.
The information provided by the activity tracking services is intended to reflect your activity but may not be absolutely accurate, particularly with regard to steps, sleep, speed, distance or calorie data.
By using activity tracking services, you acknowledge that Under Armor is not responsible or liable for the inaccuracy of such data.
If you reside in New Jersey or the Netherlands:
Notwithstanding anything to the contrary in these Terms, nothing in these Terms limits or excludes our responsibility for loss or damage caused by Under Armor's fraud, recklessness, gross negligence or willful misconduct.
10. Modifications to Terms and Product-Specific Terms
As Under Armor grows and develops, we may need to make changes to these Terms or add additional terms that apply to specific products.
10.1 Updates to these Terms
Under Armor reserves the right to change these Terms by (i) posting the changed Terms on and/or through the Services and/or (ii) providing you with prior notice of material changes to the Terms, usually and where practicable via email and otherwise through the Services (such as a notification on the home page of Under Armor websites or in our Apps).
The changes will not apply retrospectively, except where required by law.
From time to time, we may ask you to review and expressly accept or reject any amended version of the Terms.
In such cases, the changes will take effect once you agree to the amended Terms.
If you do not consent at this time, you may not use the Services.
Unless we ask for your express consent to any modified version of the Terms, the modified version of the Terms will be effective from the date specified in the Terms.
Your decision to create an account, access and use the Services (whether or not you create an account with us) from that date constitutes acceptance of the amended Terms.
If you do not agree to the changes, you may not use the Services and should stop using them.
10.2 Product-Specific Terms
We may also require you to agree to additional terms, rules, guidelines, guidelines, or other terms (collectively, “Product-Specific Terms”) that apply to specific Services (e.g., the Commercial Tools).
In these cases, you may be asked to expressly accept product-specific terms.
For example, you may be required to check a box or click a button labeled "I agree".
If the Product-Specific Terms differ from these Terms, then the Product-Specific Terms supplement, modify, or replace these Terms, but only with respect to the subject matter of the Product-Specific Terms.
11. Disclaimer of Warranties
EXCEPT AS PROHIBITED BY LAW, UNDER ARMOR EXPRESSLY DISCLAIMS ALL ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, INSURANCES AND GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITIONS AND CONDITIONS OF BRAND AND CONDITION NON-VIOLATION.
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" ON AN "AS IS" BASIS.
Without limiting the foregoing, you understand that, to the fullest extent permitted by law, we make no warranties as to the quality, accuracy, timeliness, truth, completeness, availability, or reliability of the Services or the Content.
To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide any specific results, (ii) the operation of the Services will be uninterrupted, free of viruses, errors or other harmful elements, or (iii) bug fixes.
Verbal or written advice from our representatives or on our part is provided without guarantee.
Also, to the fullest extent permitted by law, we make no representations or warranties of any kind with respect to any Content; in particular, user-generated content is provided by the respective users, who are solely responsible for this.
No oral or written advice or information obtained from other users or through the Services is provided without warranty, unless expressly stated therein.
Therefore, you expressly acknowledge and agree that use of the Services is at your own risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you.
12. Limitation of Liability
We provide you with the best possible services, but we cannot promise that they will be impeccable.
We accept no liability for various things that may go wrong while using the Services.
To the fullest extent permitted by law, Under Armour, its affiliates, affiliates or any wireless service provider shall have no liability (including but not limited to negligence) to you or any third party for (a) indirect, incidental, special, good faith, punitive or consequential damages of any kind; (b) loss of profits or revenue, loss of data, use, goodwill or other moral damage; © Damage related to your access to, use of, or inability to access or use the Services; (d) damage related to conduct or content of any third party or a user using the Services, including but not limited to defamatory, abusive or unlawful conduct or content; and/or (e) damages of any kind related to External Content, External Products, or External Activities accessed through the Services.
To the maximum extent permitted by applicable law, this limitation applies to any claim, whether in warranty, contract, tort, or any other legal theory, whether or not Under Armor has been advised of the possibility of damage, and further, if any remedy provided herein has failed of its essential purpose.
To the maximum extent permitted by applicable law, Under Armor's aggregate liability for any claim under these Terms, including but not limited to any implied warranties, shall be limited to one thousand US dollars (US$1,000.00) or the amount you tell us in the last twelve months paid for the use of the relevant Service(s), whichever is greater.
In particular, to the maximum extent permitted by applicable law, we shall not be liable for any claim arising out of (a) your use of the Services (including but not limited to your participation in activities promoted on or accessed through the Services), (b) the use, disclosure, publication or maintenance of a user's personal information, © other interactions with us or other users using the Services, even if we have been advised of the possibility of such harm, or (d) other content, information, Services or goods obtained through or advertised on the Services or obtained through links provided on the Services.
To the maximum extent permitted by applicable law, you acknowledge and agree that we may provide the Services and set the prices of the Services in reliance on the warranty disclaimers, indemnities and limitations of liability in the Terms that such disclaimers, indemnities and limitations of liability a represent a fair and equitable sharing of risk between you and us and constitute an essential basis of business between you and us.
We could not commercially provide the Services to you without these disclaimers, indemnifications, and limitations of liability.
If you reside in California: waive your rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims the creditor does not know or suspect in his favor if he consents to the indemnity which, had he known, would have materially affected his arrangement with the debtor.”
If you reside in New Jersey: Notwithstanding anything to the contrary in these Terms, nothing in these Terms limits or excludes our responsibility for any loss or damage caused by UA's fraud, recklessness, gross negligence or willful misconduct.
13. Indemnification
If you reside in the United States or any country other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify Under Armor, its subsidiaries, suppliers and other affiliates against any claim or demand, including reasonable accounting and attorney's fees , indemnify and hold harmless any claim asserted by a third party as a result of: (a) the User-Generated Content that you access or share through the Services; (b) your use of the Services; © your sporting activities in connection with the Services (including, but not limited to, sporting activities in connection with any competition, race, group activity, outside activity or other event that we may sponsor, organize or participate in or at which the Services are used); (d) your connection to the Services; (e) your breach of these Terms; (f) your use or misuse of any user's personal information; (g) your violation of the rights of another person or entity; or (h) your use of the Services to meet another user in person or to locate and travel to an offline place or event to go.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with us in the defense of any such claim.
If you are a resident of France or Germany: Notwithstanding the preceding paragraph, you agree to indemnify and hold harmless Under Armour, its subsidiaries, suppliers and other affiliates from any claim or demand, including reasonable accounting and attorney's fees, made by asserted against a third party based on: (a) the User-Generated Content that you access or share through the Services; (b) your use of the Services; © your use or misuse of any user's personal information; (d) your violation of the rights of another person or entity; or (e) your use of the Services to personally meet another user or to locate and travel to an offline place or event to go.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with us in the defense of any such claim.
If you reside in New Jersey: Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall be construed as obliging you to indemnify us from any claim arising out of UA's fraud, negligence, gross negligence or willful misconduct.
14. Governing Law
If you are a resident of the United States or a country outside the European Union: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States or applicable United States federal law, without regard to its conflict of law laws.
If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with Dutch law, to the exclusion of its conflict of law principles.
15. Disputes and Arbitration, Venue and Jurisdiction
To the maximum extent permitted by applicable law, you and Under Armor agree that any dispute resolution proceedings shall be conducted on an individual basis only and not as a class, consolidated, or representative action.
Except where prohibited by law, you and we both agree to submit to the personal and exclusive jurisdiction of arbitration under the rules of the American Arbitration Association for any dispute relating to your general use of the Services.
For more information on arbitration, visit www.adr.org.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any plea of ​​non-jurisdiction.
You agree not to sue us in any other jurisdiction or initiate arbitration proceedings against us.
The arbitration will be conducted in English.
A single independent and impartial arbitrator will be appointed in accordance with the rules of the American Arbitration Association.
Both you and we agree to abide by the following rules, which are designed to streamline the dispute resolution process and reduce the costs and burden for all parties involved:
The arbitration will be conducted by telephone, online, and/or written submissions only, the specific mode being chosen by the party initiating the arbitration.
The arbitration does not require the parties or witnesses to be present in person, unless the parties mutually agree otherwise.
and
Any award of the arbitrator may be recognized by any court of competent jurisdiction.
Except in exceptional circumstances, the arbitrator will make his determination within 120 days of his appointment.
The arbitrator may extend this period by an additional 30 days in the interest of fairness.
All arbitrations will be conducted in camera and are confidential.
All related files will remain sealed except to the extent that the arbitral award is to be upheld by a court.
The award will be in writing and will include a statement setting out the reasons for deciding any claim.
Further, with respect to any dispute arising out of your decision to create an account, access, and use the Services, you acknowledge the following:
You waive your right to a jury trial
You waive your right to serve as a representative, agent, or other representative capacity, or to participate in any class action, in any legal proceeding relating to such Dispute; and
You must file any claim within one (1) year from the date the claim arose, or the claim will be barred.
If this arbitration clause is found to be invalid, then any dispute between us arising out of the Terms shall be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal venue and jurisdiction of such courts.
Nothing in this Agreement to Arbitrate shall prevent you or Under Armor from seeking interim relief in support of the arbitration from a court of competent jurisdiction, such as a stay of court order, enforcement of arbitration, or confirmation of an arbitration award.
In addition, nothing in this Agreement to Arbitrate shall prevent you or Under Armor from (i) seeking a restraining order, injunctive relief or other relief from a court of competent jurisdiction, as appropriate, or (ii) in the event of a dispute relating to a violation or a possible violation seek an injunction in a state or federal court against Under Armor's intellectual property rights.
In the event of any court or arbitration arising out of or relating to these Terms or the Services provided, the prevailing party shall be entitled to recover from the losing party all reasonable costs incurred, including employee costs, court costs, attorneys' fees and all other related expenses incurred in the litigation or arbitration.
If you are a resident of the European Union: Notwithstanding anything to the contrary in these Terms, if you have a dispute that you and Under Armor are unable to resolve, you have the right to lodge a complaint at http://ec.europa.eu/consumers/odr .
Except as set out in these Terms, we do not participate in any alternative dispute resolution process.
Further, nothing in these Terms limits your right to bring a claim against Under Armor in the local courts of your residence.
Any dispute between you and Under Armor arising out of the Terms shall be subject to the non-exclusive jurisdiction of the courts located at your place of residence or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction of such courts and venue .
If you are a resident of Finland: Notwithstanding anything to the contrary in these Terms, if you have a dispute that you and Under Armor are unable to resolve, you have the right to lodge a complaint with your local consumer protection organization or other equivalent organization.
If you are a resident of Denmark: Notwithstanding anything to the contrary in these Terms, if you and Under Armor are unable to resolve a dispute, you have the right to lodge a complaint with the Danish Competition and Consumer Protection Agency (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, email: cfk@kfst.dk).
If you are a South Korean resident: Notwithstanding anything to the contrary in these Terms of Service, nothing in these Terms limits your right to bring an action against Under Armor in the local courts of your residence.
16. International Terms
If you are not a resident of the United States and access our Services from outside the United States, you agree to submit certain information to us from your home country and to comply with all laws applicable to you.
We provide our Services to a global community of users.
However, our servers and operations are located primarily in the United States, and our policies and procedures are based primarily on United States law.
Therefore, particularly for users located outside of the United States, the following provisions apply: (i) you agree to the transmission, storage and processing of your information, including but not limited to user-generated content and personal data, to and in the United States and/or other countries agree; (ii) if you are using the Services from a country embargoed by the United States or on the list of Specially Designated Nationals (a list includes individuals, groups and companies protected by various economic sanctions imposed by the United States). U.S. Treasury Department concerned) of the U.S. Treasury Department, you may not access or use the Services; and (iii) you agree to comply with all local laws, rules and regulations, including but not limited to any laws, rules and regulations applicable in the country in which you reside and from which you access the Services.
The Services are not intended for distribution to any other person or entity, or for use by any other person or entity in any jurisdiction or country where such distribution or use would be or would be contrary to law or regulation would require Under Armor or its affiliates to register in that jurisdiction or country.
The names of countries or regions used in these Terms, the Privacy Policy and any related feature or documentation are based on the United Nations terminology database.
If you reside in the European Union, Hong Kong, Russia, New Zealand or South Korea: Notwithstanding anything to the contrary in these Terms, please note that some jurisdictions do not necessarily allow the waiver or limitation of certain warranties, liabilities or damages, meaning that some of the exclusions and limitations in these Terms may not apply to you.
Nothing in these Terms shall be construed to exclude (1) our liability for fraudulent misrepresentation by us, (2) death or personal injury arising from our negligence or willful misconduct, or (3) our failure to perform any material contractual obligation.
If you are a New Zealand resident: Notwithstanding anything to the contrary in these Terms, nothing in these Terms reduces or excludes our liability or your rights if you are a consumer within the meaning of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 .
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything to the contrary in these Terms, the phrase “to the extent permitted by applicable law” and similar expressions of similar meaning where they appear shall be deemed deleted from these Terms and you has no effect.
If you are a resident of Japan: Notwithstanding anything to the contrary in these Terms, nothing in these Terms reduces or excludes our liability or your rights if you are a consumer within the meaning of the Consumer Contracts Act.
If you are a South Korean resident: Notwithstanding anything to the contrary in these Terms, any changes to these Terms will be posted on the Website before they become effective; unless you indicate your intention to reject any such modification or change within a reasonable time of such posting, you will be deemed to have consented to such modification or change.
17. Survival
If our relationship or these Terms terminate, this will not affect any of our other rights or remedies, and any provision in these Terms that must survive in order for the purpose and intent of these Terms to be effective will survive termination, including but not limited to Section 2 (Ownership of Content and Use of Content), 9 (Physical Activities and Nutrition Advice), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Disputes and Arbitration, Jurisdiction and Venue) and 17 (survival) .
18. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services.
The Terms and any Product-specific Terms constitute the entire agreement between you and us in relation to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not mean that we are waiving that right or provision.
If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should attempt to give effect to the will of the parties as reflected in the provision, and the remaining provisions shall continue in full force Power.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent.
We may, in our sole discretion, transfer or assign any or all of our rights under these Terms and we may delegate our duties and obligations under these Terms and in connection with the Services to third party contractors or third party contractors to perform to assign these tasks and duties.
Any notice we send to you by email or regular mail, or any notice or link displayed in connection with the Services, shall be deemed an acceptable notice to you under these Terms.
We are not responsible if you do not receive the communication because the email is quarantined by your email security system (e.g. "Junk" or "Spam" folder) or because you have changed your E -Do not update email address.
Notice will be deemed given forty-eight hours after it is sent if sent by email or regular mail.
If the notice is given via links displayed in connection with the Services, it will be deemed given twenty-four hours after it is first displayed.
19. Contact
If you have any feedback, questions or comments regarding the Services, please contact our support team by email, by phone at 1-888-727-6687 or by mail at: Under Armour, 1020 Hull Street, Baltimore, MD 21230 (USA) and include "Attn: Legal - Terms and Conditions of Use" as the subject.
Please ensure that you include your full name, email address, postal address and a message in all emails or postal communications.
Anhang A: Under Armour Shopping
By shopping with us using Under Armor Shopping, you agree to the following terms and conditions.
These Terms apply to all offers and agreements relating to the online sale and delivery of Under Armor apparel, shoes and accessories (“UA Apparel”), but not to digital products and services (e.g., premium Memberships) expressly addressed in Section 8 of the Terms above.
Accordingly, the Terms set forth below apply to any order for UA Apparel (i) through underarmour.com or UA.com, through any associated country domains; (ii) any site directly connected to UA.com; or (iii) any Under Armor e-commerce or shopping application (collectively, “Under Armor Shopping”).
(a) Account Registration
You do not need an account to shop through Under Armor Shopping.
However, to make online shopping faster and easier, you can register an account with us on one of our websites or apps.
Please confirm your email address when creating your account as we will use the email address to contact you.
Your account gives you the ability to track shipments, view previous orders, and quickly access your shipping and billing information with a username and password.
If you don't want to create an account, you can still shop as a "guest" at Under Armor Shopping.
(b) Online Availability
When shopping, once you've decided on an item, you can find out what color/size is in stock by first choosing the color (choose 1st color) and then the size (choose 2nd size).
If the size you want isn't in the color you selected, it's unavailable.
While Under Armor Shopping is designed to show real-time inventory levels so that only in-stock items are visible and available for purchase, there may be times when an item sells out due to the popularity of a particular style, color or size and we cannot guarantee that items shown as in stock are actually available.
If the item you wish to purchase is not currently available, we apologize for the inconvenience and encourage you to call our customer service number so we can help you find a similar product.
© Find style number
If you are looking for a product's style number, you can find it on the inside of your garment on a small white tag.
It says, for example, FW081100200 or, for older styles, FW060375. The first four characters refer to the season of the style (e.g. FW06=Fall/Winter 2006) (although the style number does not include the first four characters depending on the region for some products), and the last seven characters ( for new styles) or four characters (for older styles) refer to the style number.
You can enter this style number in our services to find exactly what you are looking for.
If no results are shown, the style may no longer be manufactured by Under Armor.
Please contact our customer service team who will be happy to help you locate a replacement product.
(d) Orders and Order Changes
When you place an order, we will send you a confirmation email to the address you have provided.
If you use your business email address, please note that many companies use spam filters to block incoming automated emails.
This could prevent you from receiving our confirmation e-mail or result in it going to the unwanted e-mail folder.
The “Confirmation Phase” finalizes the final details of your order.
We will then send you an acknowledgment of receipt email detailing the products you have ordered.
Please note that this email is not an order confirmation or order acceptance from Under Armor.
Acceptance of the order and the formation of a contract between us will take place when we dispatch the products you have ordered to you, unless we have notified you that we do not accept your order or you have canceled the order.
Due to the tight time frame between ordering and shipping, it's difficult to make changes after your order has been placed.
However, if you call us within an hour of placing your order, we will attempt to make the change.
(e) Tax
Sales tax and similar taxes, such as Value Added Tax (“VAT”), are calculated at local and national rates depending on where you are located.
If VAT is applicable, you will be charged at the local rate and included in the product price.
(f) Payment
Under Armor reserves the right to amend the list of acceptable forms of payment for Under Armor Shopping.
We may require that credit cards and debit cards are issued by an institution in the jurisdiction in which you are located and these payment methods must be associated with a billing address in the same jurisdiction.
In most jurisdictions, you must ensure that the billing address on file with the bank that issued the credit or debit card is the same billing address that you provide when you place your order.
We do not accept personal checks, money orders, or cash online.
Because Under Armor does not bill for items until they are shipped, we may use a pre-approval process to reserve your products for shipment.
To avoid unnecessary overdraft fees, banks often use a method called "pre-approval" to verify that the credit/debit card used is valid and has sufficient funds.
Please note that the transaction description on your statement will be "UNDER ARMOR".
Most permits expire within five to seven days; however, the issuing bank ultimately determines the duration of the approval.
Ultimately, only the value of the goods shipped to you plus any shipping costs and taxes incurred will be charged to your credit or debit card.
If you have any further questions, please contact our customer service team.
If you're having trouble making a payment, please contact our customer service team - a member of the team will be happy to help.
(g) Delivery and Shipping
There are some locations we cannot ship to and we do not ship to PO Boxes.
You should therefore make sure that we can make the delivery to you before you place your order.
Estimated delivery time and shipping costs are specified at checkout for each order.
While we make every effort to deliver goods within the allotted time frame, delays can occasionally occur.
Under Armor shall not be liable for any delay or non-delivery of goods within the estimated time frames.
Under Armor reserves the right to require that acceptance of goods be signed by an adult 18 years or older.
Customers in one jurisdiction may not always be able to shop at Under Armor Shopping in another jurisdiction.
Please visit our local website to see what goods are currently available to you.
You will usually receive a tracking number via email once your package has shipped.
You can also find your tracking number(s) by logging into your account and entering the order number from your order confirmation email to track your package.
Please allow two to four business days from placing your order before using tracking.
If you found your order on our website and received a message that your order is "in transit", it only means that your order is being prepared for shipment or that the tracking information has not yet been updated by the carrier.
Typically, the carrier will receive our tracking information within two to four business days.
We endeavor to ship all items in an order together, but we reserve the right to ship your products separately if one or more items are unavailable when first shipped.
If we split your order into multiple shipments, you will not be charged separate shipping costs for each shipment.
Furthermore, a confirmation/shipment tracking email is sent for each shipment.
If we have a problem fulfilling part of your order, this is not a reason for canceling the remaining items in that order.
Title to all orders shipped to you will pass to you upon receipt, provided Under Armor has received full payment for the order.
(h) Cancellations, Exchanges and Refunds
The cancellation, exchange, and refund policies and procedures applicable to your order depend on where you are accessing Under Armor Shopping from.
For more information about the policies we apply to a specific order, please refer to the policies listed in the Customer Service and Additional E-Commerce Terms section of the local website where you placed your order.
(i) conflict between terms; applicable law
To the extent these Under Armor Shopping Terms conflict with the Terms, these Under Armor Shopping Terms will control and apply to your orders from Under Armor Shopping and your use of Under Armor Shopping.
To the extent these Under Armor Shopping Terms conflict with the terms of the local website where you placed your order, the local website terms will control and apply to your orders from Under Armor Shopping and your use of Under Armor Shopping.
If you are a South Korean resident: Under Armor's contracting partner for Under Armor Shopping is Under Amour Korea, Ltd.
You must be at least 14 years old to use Under Armor Shopping.
If you are between the ages of 14 and 18, you or your legal representative may cancel the purchase contract made under Under Amour Shopping if your legal representative has not consented to such purchase contract.
If you are a resident of Turkey: Some of the e-commerce terms are set out in this Appendix A: UA Shopping does not apply to Turkish users who purchase UA clothing from our Turkish distributor DOĞUŞ PERAKENDE (Doğuş Perakende Satış Giyim ve Aksesuar Tic.
A.Ş.) at http://www.underarmour.com.tr.
- For Turkish users shopping at http://www.underarmour.com.tr, only the terms that users have agreed to and valid under Turkish law will apply.
- In the event of a conflict or inconsistency between the terms in Appendix A: UA Shopping and the terms of the Transaction Guide, Distance Agreement or Pre-Notification Form, the terms of the Transaction Guide, Distance Agreement or Pre-Notification Form (as the case may be) shall prevail over the conflicting or inconsistent terms in Appendix A: UA Shopping.
- We will send you an Order Confirmation detailing the UA Apparel you have ordered upon completion of your purchase.
- You can specify a different billing address for the credit card issuing bank than the billing address for orders at http://www.underarmour.com.tr.
- If we are unable to ship the UA Apparel to your delivery location, we will notify you by email that it is not possible to ship to your delivery location.
- Your products will be delivered within thirty (30) days in accordance with distance agreements.
- You have fourteen (14) days to cancel a distance agreement and avoid penalties in accordance with the Transaction Guide, Distance Agreement and Pre-Notification Form.
- We do not modify advertised or special offer goods, the prices and dates of such products and other special offers related to previous purchases and/or pending transactions http://www.underarmour.com.tr.
If you are a Canadian resident: Notwithstanding anything to the contrary in the Terms or the specific terms of this Schedule A, any dispute arising out of purchases of UA Apparel with a Visa credit card through the Under Armor Canada website shall be deemed to be the governed by Canadian law regardless of conflict of law rules.
If you are a resident of Indonesia, Malaysia, the Philippines, Singapore, or Thailand: Notwithstanding anything to the contrary in the Terms or the Specific Terms of this Schedule A, any Dispute arising out of purchases of UA Apparel with a Visa - or MasterCard credit card through the Under Armor website for Malaysia, Philippines, Singapore, Thailand or Indonesia will be governed by Canadian law regardless of conflict of laws rules.
(j) Product Descriptions and Pricing
Under Armor Shopping tries to be as accurate as possible.
However, we cannot guarantee that product descriptions, photos, videos or other product-related content on Under Armor Shopping is overall accurate, complete, reliable, current or error-free.
If a product offered by Under Armor does not match its description, your only remedy is to return it unused for a refund.
Despite our best efforts, individual items may be incorrectly priced.
If the correct price of an item sold by Under Armor is higher than the price we have quoted, we will, at our discretion, either contact you for instructions before we ship it, or cancel your order and notify you of the cancellation notify.
Prices listed on Under Armor Shopping are in local currency.
(k) Changes
Please note that, subject to applicable law, we may change the Goods advertised or offered for sale through Under Armor Shopping, the prices or specifications of such Goods, and any special offers or content available on Under Armor Shopping from time to time without notice or liability to you or any other person.