These Terms and Conditions of Use were published on January 20, 2016 and apply to all new users of Under Armor's services as of the dates described below.
Other important notes on this notice:
Additional terms and conditions will apply to users residing in the EEA as outlined in the Country Specific Information chapter.
We encourage EEA-based users who wish to submit an account deletion request, data removal request or any other data-related request to use one or more of the following resources.
to know more
Users from Indonesia, Malaysia, Philippines, Singapore and Thailand are encouraged to click here for language options and websites for their respective countries.
to know more
For Turkish users, our distributors in Turkey maintain a separate website: http://www.underarmour.com.tr.
to know more
For Japanese users, our distributors in Japan maintain a separate website: http://www.underarmour.co.jp.
to know more
Terms and conditions of use
Previous Under Armor Terms 2016 Download PDF
Effective Date: May 20, 2018
Welcome to Under Armor.
Our passion is to create innovative products and services to empower users around the world and we are thrilled that you are part of our team.
These Terms and Conditions of Use represent the rules of the game: they are designed to create a community of users that respects the law.
By using Under Armor products and services, you agree to comply with all conditions described below.
Under Armour, Inc.
and Under Armor Europe B.V, as well as its affiliates and related companies, including UA Connected Fitness, LLC (collectively referred to as "Under Armor", "we" or "us"), offers a variety of products and services, including websites and applications related to fitness and wellness under the Under Armor brand (“MapMyFitness” etc.), wearables, devices and other hardware and content; our websites and applications for e-commerce (“Under Armor Shopping”); and all current and future digital product and service offerings that we make available, including products, services and content provided in conjunction with our partners (collectively, the “Services”).
THESE CONDITIONS INCLUDE A BINDING ARBITRATION CLAUSE AND A WAIVER OF COLLECTIVE ACTION IN SECTION 15.
THIS PROVISION HAS AFFECTED YOUR RIGHTS TO RESOLVE DISPUTES WITH UNDER ARMOR, SO WE RECOMMEND YOU READ IT CAREFULLY.
YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (WHETHER YOU HAVE CREATED AN ACCOUNT) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INTEGRATED INTO THE TERMS.
IF YOU DO NOT AGREE WITH ANY PART OF THE CONDITIONS, THEN YOU WILL NOT BE ALLOWED TO USE OUR SERVICES.
Please note that by accessing or using our Services, Personal Data (as defined in our Privacy Policy and User Created Content (defined below), which you share with a portion of the Services, may also be shared through Under Armor, in its entirety, and related Services.
Note that summaries in the shaded boxes at the top of most sections are provided to help you understand the Terms.
In the event of a conflict between any summary and any section of the Conditions, the Conditions prevail.
If you have any questions or suggestions, please contact us through our Support Team.
1.
Use of the Services and Your Account
1.1 Who May Use Under Armor Services
Under Armor welcomes users of all ages, but you must be at least 13 to use most of the Services, and at least 18 to use Under Armor Shopping.
You must be at least 18 years old to use Under Armor Shopping (unless otherwise specified in the International Terms section applicable to specific jurisdictions).
If you are in the 13-18 age group, you may use our other Services (excluding Under Armor Shopping) only with the supervision and consent of a parent or guardian.
No individual below the age will be able to use the Services, provide their Personal Data to Under Armor, or otherwise send Personal Data through the Services (such as name, address, telephone number or e-mail address).
1.2 Your account
You may need to create an Under Armor account to access the Services, and it is important that the information associated with that account is accurate and up-to-date (in particular your email address, in case you forget your password, an email address often is the only way we have to verify your identity and help you log in).
To access and use some Services, you may need to register for an Under Armor account.
Your account may also provide you with automatic access and the means to use all the new Services.
If you create an account for one of our Services, you must provide us with accurate and complete information necessary at the time of the account creation and registration process, and keep it updated.
If the information provided is not accurate, some of our Services may not function properly and we will not be able to contact you for important communications.
You are responsible for maintaining the confidentiality of all actions that occur while using this account and must immediately notify our Support Team of any real or suspected loss, theft or unauthorized use of your account and password.
We will not be held responsible for any loss resulting from unauthorized use of your username and password.
If the user resides in the European Union: The user has the right to delete the account by contacting our support team.
If you choose to permanently delete your account, any non-public Personal Data we have associated with your account will also be deleted.
1.3 Updates, Changes and Restrictions of the Services
Our services are constantly evolving.
As we introduce new products, services and features, we need the flexibility to make changes, impose restrictions, and sometimes suspend or terminate certain Services.
We may also update our Services, which may have operational problems if you do not install the updates.
The Services are changed often, and the format and functionality may be changed without notice.
We may provide updates (including automatic updates) for certain Services, as and when we see fit.
This may include updates, changes, bug fixes, patch fixes and other types of bugs and / or new features (collectively, “Updates”).
If you have not installed all the Updates, some parts of our Services may not function properly.
You acknowledge and agree that the Service may not function properly if you do not allow such Updates and do not expressly consent to Automatic Updates.
Additionally, you agree that the Terms (and any further changes thereto) apply to all Service Updates.
We may modify, suspend or discontinue the Services, in whole or in part, including the availability of any product, feature, database or Content.
Furthermore, we are under no obligation to provide Updates or to continue to provide, or enable, particular features and functionality of the Services.
We may also impose restrictions on certain Services or limit your access to the Services, in whole or in part, without notice or obligation.
1.4 Monitoring and Suspension of the Services
We reserve the right to refuse to provide the Services to anyone, and we may monitor, terminate or suspend your account or access to the Services at any time.
We reserve the right, but have no obligation, to monitor any accounts and / or activity conducted through, or otherwise related to the Services (including inviting a user to join a community or group), as well as any use o access to Personal Data and profiles of other users by users.
We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if, in our sole discretion, we determine that you violate or have violated these Terms or their essence (as evidenced in the our Community Guidelines), (2) if, in our sole discretion, we determine that you have created a risk or possible legal liability for Under Armor, the general public, any third party or any user of our Services, (3) in response to requests from law enforcement or other government agencies, (4) in the event of a termination or substantial modification of the Services, or (5) due to unforeseen technical problems.
We will try to notify the user by e-mail or as soon as he tries to access his account after such deactivation, termination or suspension.
1.5 Security
Please notify us immediately if you believe your account has been hacked or compromised.
The safety of our users is very important to us.
While we do everything possible to protect the security of your Personal Data, User-Created Content, and your account, we cannot guarantee that an unauthorized third party will not be able to overcome our security measures.
Please immediately notify our Support Team of any real or suspected violation, access or unauthorized use of your account.
2.
Ownership and Use of Content
2.1 Definitions
The Content represents the materials that are displayed on your screen when you use our Services.
User-created Content refers to any type of content created by you or other users, while UA Content refers to all other Content.
For the purposes of these Conditions, (i) the "Contents" refer to any form of information, data, creative expression, including, for information only, all videos, audios, photographs, images, illustrations, animations, tools, texts, ideas, communications, responses, likes, comments, software, scripts, executable files, graphics, maps, routes, geographic data, workouts and their data, biometric data and data elements derived therefrom, workout schedules, sleep, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks trademarks, service marks, trademarks, logos and other similar elements, patents, sounds, applications and any other type of intellectual property contained therein, each of which may be created, provided or otherwise rendered accessible on or through our re Services; (ii) "User Created Content" refers to any content that a user sends, transfers or otherwise provides to or through the use of the Services and (iii) "UA Content" refers to all Content not created by 'user.
2.2 Ownership
You are the owner of the Content you create and at the same time we are the owner of those created by us.
All UA Content and all copyrights, trademarks, design rights, patents and any other type of intellectual property rights (whether registered or not) contained in the Services belong to Under Armor and / or its partners. or third parties.
Each user retains ownership, responsibility and / or other type of applicable law for the Content created by the User, but grants Under Armor a license for such Content, as explained in section 2.5.
Under Armor and / or its partners or third parties retain ownership, liability and / or other applicable law in all UA Content.
Except as expressly provided in these Terms, nothing is intended to grant you a right or license to use the UA Content, including any type of content owned or controlled by our partners or other third parties.
The user undertakes not to duplicate, publish, display, distribute, modify or create derivative works from the material presented through the Services, unless expressly authorized in writing by Under Armor.
2.3 The license we grant you
You are encouraged to access and use the UA Content and Services.
We strive to provide the best experience for our users, so please respect our intellectual property rights and only use the UA Content and Services as intended.
For example, you must not use our Services or UA Content for commercial purposes without our permission.
We have APIs and other tools that you can use to build your applications and products.
To find out more, Contact us.
Provided that you comply with these Terms, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and a license to access and use the UA Services and Content for personal and non-commercial purposes, provided that you do not (and that do not allow third parties to do) any of the following activities: copy, modify, create a derivative work, perform reverse engineering processes, sell, assign, sublicense, assign a security right, transfer or otherwise commercially exploit any right included in the UA Content or the Services.
2.4 Guidelines for acceptable use
2.4.1 UA Content.
Except as expressly permitted by applicable law and authorized by Under Armor, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services software, or the UA Content offered as part of the Services ( content other than User-created Content), in whole or in part.
You agree not to download, copy or save the UA Content, except (i) for the cases expressly permitted by the functionality of some Services (for example, printed maps) as required by specific guidelines and / or by additional conditions applicable to such Services, or (ii) solely for your personal use or your records.
2.4.2 Commercial Use of the Services.
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 "Business Tools"), are intended solely for your personal and non-commercial use.
You may not use the Services (unlike some Business Tools) to sell a product or service, increase visits to your website or a third party's website for commercial reasons, such as advertising sales, or undertake any action aimed at making a profit.
For example, you may not take the results of a search performed on the Services, reformat and display them, or exactly copy our home pages or pages containing the results on your website.
Furthermore, meta-searches of our Services are not permitted.
If you wish to make commercial use of the Services, other than through the Commercial Tools, you must enter into an agreement with us in advance.
For more information about Commercial Tools, please visit our Developer Portal.
By using the Business Tools, you acknowledge and accept these Terms and any other additional terms and conditions applicable to the selected Services.
2.4.3 Creating links to the Services.
If you wish to link to our Services on your website or application, please follow these rules: (i) any type of link to the Services must be a text link clearly marked "Under Armor" (without using any other trademark, copyrighted logo or any other intellectual property, owned or controlled by Under Armor) or in any other format established by Under Armor, (ii) appearance, location and other elements of the link must not damage or weaken the good reputation of our brands; (iii) the link must "indicate" the main domain name of the Services and not other pages within them, (iv) the appearance, position and other characteristics of the link must not falsely give the impression that the your organization or body is sponsored by, affiliated or associated with Under Armor, (v) if selected, the link must show the Services in full screen and not within a "box" on the site or service on which the link, and (vi) Under Armor reserves the right to withdraw your consent to the link at any time and in full discretion, and upon our notification of such withdrawal of consent, you agree to remove the relevant link immediately.
2.5 The license you grant to us
When you post Content in connection with the Services, such content is your property, however, you authorize us to use such Content in connection with our Services and make it available to others.
We may change or remove your Content from our Services at any time and for any reason.
Do not post content that is not yours or that you are not authorized to publish.
When you provide User Created Content to Under Armor through the Services, you grant Under Armor and our users a non-exclusive, irrevocable, free of charge, sublicensable, universal and license to use, host , archiving, caching, reproduction, publication, display (public or otherwise), representation (public or otherwise), distribution, transmission, modification, adaptation ( including, but not limited to, the adaptation to make them compliant with the requirements of any network, device, service or media through which the Services are available), the marketing, the creation of derivative works and the otherwise exploitation of such Content created by the User in relation to the Services.
You acknowledge and agree that: (a) we have the right to organize the publication of the Content created by the User in any way we wish; (b) Under Armor has no obligation to grant any type of credit when using your User-created Content, but if Under Armor chooses to grant it, the amount and arrangement of the credit is at our sole discretion; and © you are not entitled to any compensation or other form of payment resulting from the use of your User-created Content.
The rights you grant under this license are solely for the purpose of enabling Under Armor to manage and allow other users to use the Services based on their functionality, improve the Services and develop new Services.
Without prejudice to the foregoing, we will not use your User-created Content in a manner that does not comply with the privacy settings you have established within our Services.
For information on how to manage your privacy settings for the Services, see the Privacy Policy
We reserve the right to monitor, remove or modify User Created Content for any reason and at any time, including User Created Content that we believe violates these Terms, Community Guidelines and / or our own. policies.
You agree to respect the intellectual property rights of others.
You represent and warrant that you have the necessary rights to grant the aforementioned license to Under Armor for all User-created Content that you submit in connection with the Services and you will indemnify us for any breach of this declaration and warranty.
2.6 Spread the word
If you share someone else's personal information, you must first obtain their consent.
We hope you enjoy using our Services and encourage you to share your enthusiasm with your friends.
If you choose to use the features contained in our Services to inform your friend about the Services, we will ask you to provide your friend's email address or social media profile, which we can use to contact them about the Services.
We may store the information you provide to us for a period of time, but we will not make it public.
You represent and warrant that you are authorized to provide any third party contact information that you provide to us by reference and indemnify us for any breach of this statement and warranty.
2.7 Content Retention
Keep in mind that when you make material publicly available on the Internet, it becomes virtually impossible to delete all copies in the future.
Upon termination of your account, or in the event of the removal of your User-created Content from the Services, we may retain such Content for a commercially reasonable period of time for backup, archiving or for any checks, or as otherwise provided or permitted by law.
Additionally, Under Armor and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, represent and distribute any portion of your User Created Content that has otherwise been stored or shared through the Services. .
Similarly, please note that the aforementioned license regarding your User-created Content continues to be valid even if you stop using the Services.
If you make material public, other individuals may choose to comment on it by presenting your Content as part of a conversation on social networks.
For more information, see our Privacy Policy
2.8 User-created content and eligibility to participate in certain sports organizations
What happens online can have real-world consequences.
Some sports organizations have rules regarding amateurism and fitness that could potentially be involved if you post User-created Content within the Services, even if you think it is of a non-commercial nature.
You are responsible for determining whether the publication of such content within the Services could compromise your eligibility to participate in any type of sport, according to the applicable rules of sports organizations.
2.9 Your Feedback
We recognize the value of your feedback and will be able to use your suggestions to make Under Armor and users around the world better.
Thank you, keep sending us your ideas!
If you choose to submit any comments, ideas or feedback, you must submit them through our Idea Submission website and you authorize us to use those ideas without any restrictions and compensation to you.
By accepting the material you submit, Under Armor does not waive the right to use similar or relevant feedback that Under Armor was previously aware of, developed by our employees, or obtained from sources other than you.
You must certify and represent that the information or feedback sent through the Services does not constitute confidential or proprietary information.
3.
Community guidelines
3.1 Interactive areas
Our Services often contain community features.
If you post content through these features, such content may become public.
We may, although not always, monitor our community functions, and you will be primarily responsible for your interactions with other users.
Therefore, please use common sense and act fairly.
Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-created Content and interact with each other ("Interactive Areas ").
You will be held responsible for the way you use the Interactive Areas and the User-created Content that you post, including responsibility for the transmission, accuracy and completeness of the User-created Content.
Since Interactive Areas are often public areas, you acknowledge that your User-created Content may be made and remain public.
We therefore advise you not to publish any Personal Data in the Interactive Area.
We have the right to, but are not obligated to, monitor the functions of our community.
You will be held accountable for your interactions with other users, both online and in person, including, for information only, your responsibility for friendly comments, challenges and competitions.
We assume no obligation or liability for any loss or damage resulting from interactions with other users who use the Services, with individuals you know through the Services, or with individuals who contact you as a result of the Content you have posted. on the Services.
Under Armor has no obligation to be involved and disclaims any liability relating to any disputes between its users and relieves Under Armor of any liability arising out of or related to such disputes.
3.2 Community guidelines
Our Services are designed to provide a safe and supportive environment to help you achieve your fitness and wellness goals.
Users are not permitted to use our Services to post inappropriate material, to harass people, send spam, infringe intellectual property rights, or act inappropriately.
Try to be reasonable and act responsibly.
Our Services are designed to create a safe and supportive community for all users.
To maintain a safe and positive environment, we require you to accept and abide by certain rules (the "Community Guidelines") when publishing User-created Content and using the Services.
Our Community Guidelines are based in many cases on the principles of applicable law.
Violation of the Community Guidelines can therefore expose you to complaints and civil liability.
By using the Services, you agree that your User-created Content and your use of the Services including, but not limited to, Interactive Areas, will not constitute a violation of the Community Guidelines.
In the event of a violation of the Community Guidelines, we reserve the right to terminate your access to the Services.
No inappropriate content.
Do not post Content that may be stalking, threatening, offensive, harassing, abusive or embarrassing to other members of the community.
No offensive references to sex, gender, age, weight, size, disability, ethnicity, religion, or sexual orientation are permitted, or any endorsement of violence against individuals or groups, even if expressed with humor.
This includes for example using stereotypes about a group or community of people.
Do not publish Content that is defamatory, indecent, pornographic, offensive, hate speech, incendiary, or that promotes sexually explicit material.
You may disagree with a message, publication or topic, but please do not attack other users by mocking or insulting them.
In the event that you are attacked by another user, and you respond to the provocation, you could suffer the same consequences.
Nessun hijacking, trolling o flame-baiting.
If you participate in our forums, stick to the topic of an existing post, and post posts in the appropriate forum.
Posting a post that is not related to the forum topic is considered "hijacking".
This includes publications that are provocative or intended to incite protest.
No promotion of risky weight loss techniques or eating disorders.
It is not allowed to use the Services to promote, enhance or reach dangerously low nutritional levels.
Similarly, please do not make your contribution to the following Content, which may be removed without notice:
Content aimed at promoting risky or questionable weight loss products or procedures, including non-prescription or multi-level marketing (MLM) food supplements.
Profiles, groups, messages, publications or comments that encourage anorexia, bulimia or low-calorie diets.
This includes positive references on anorexia / bulimia, purgative substances or self starvation.
Photographs aimed at enhancing extreme thinness.
Do not harm Minors.
Do not use the Services in any way that could harm minors (or anyone else).
Disruption, exploitation, or misuse of resources.
You must not interfere with or damage the operation of the Services, including through unauthorized use, interruption, automated attacks, exploitation or abuse of our resources
Do not send spam or junk mail.
Do not spam through postings, replies or messages.
No illegal content.
You must not support, promote or facilitate any fraudulent or illegal action (for example, violence, fiction or improper use of the computer).
Do not ask for personal data.
Please do not publish or request Personal Data from or from third parties, including data such as photographs, telephone numbers, postal addresses, surnames, e-mail addresses and passwords within the Interactive Areas.
Don't post private conversations.
You must not make public private messages or contained in e-mails you receive from other users, the moderator or the administrator.
No violation of legal obligations.
You must not post any Content that violates any contractual or legal obligations towards third parties.
No misleading or fraudulent links.
You must not post any deceptive or fraudulent links.
This includes, for example, providing links with misleading descriptions, inserting the “wrong source” in a publication, setting misleading external links on images, or integrating links on interstitial or pop-up ads.
No infringement of intellectual property.
You must respect the intellectual property of other individuals.
If you are not allowed to use third party works protected by intellectual property rights, or similar works, (either due to the license or legal exceptions and limitations such as fair use), do not publish them.
In particular, if you have reason to believe that certain User Created Content that you view within our Services constitutes a violation of your intellectual property rights or those of other individuals, please consult the Intellectual Property / DMCA section of the our Conditions.
Don't pretend you're Under Armor or other people.
Do not post Content that could deceive people, or be used to pretend to be other people, or misrepresent your identity or affiliation with other people, including Under Armor.
Creating an account for the purpose of deceiving other users or circumventing the suspension is not permitted and will constitute grounds for a permanent ban on using the Services.
No automatic queries.
Do not send automatic queries of any kind to the systems and networks we use to provide the Services without having received our written consent.
Various.
Do not post Content that contains aspects that may be deemed, in Under Armor's absolute discretion, objectionable or that prevent other people from using the Services, or that may constitute damage or liability of any kind to Under Armor or ours. users.
Do not post content that could damage or weaken the good reputation of Under Armor or our brands.
If we determine that you are in violation of the Community Guidelines, or have otherwise violated these Terms, we may take action to deal with the matter, including, for information, the revocation of your right to use the Services, the removal of your Content. created by the User, take legal action against you (in which case we can recover the reasonable costs and fees of the lawyers) or the disclosure of the information to the judicial authorities.
We reserve the right to enforce or not these Community Guidelines in our sole discretion, and such Guidelines do not constitute a contractual duty or obligation that we are required to act in any particular way.
3.3 Reporting of questionable User-created Content
People post inappropriate content on user-created content sites.
We do our best to make the community a safe and secure environment (users who abide by our Community Guidelines are helpful), but you may come across such content before we have had a chance to delete it.
If you notice any content that you find objectionable, please notify us.
While we require all our users to abide by the Community Guidelines and reserve the right to monitor any violations, we are unable to guarantee users' continued compliance with the Community Guidelines or these Conditions.
If you think that the Content presented on our Services constitutes a violation of the Community Guidelines, or if you are aware of, or suspect that someone is abusing your User-created Content, please report it to the Support Team.
We have the right, but not the obligation, to review and take action or remove any Content generated by the User reported by you.
You acknowledge and acknowledge that when you access the Services or otherwise use them, you may be exposed to User-created Content from various sources, and that we have no responsibility for its accuracy, usefulness, security, legality, appropriateness or intellectual property rights of, or relating to, such User-created Content.
We are not responsible for any injury or damage resulting from User-created Content of an objectionable nature, or from other users' failure to comply with our Community Guidelines.
4.
Intellectual Property / DMCA
We comply with intellectual property laws.
If you notice anything wrong, please email the details to ConnectedFitnessIP@ua.com
If you believe that User-created Content, or UA Content, constitutes a violation of national or US copyright or trademark laws, please notify us using the contact information contained in these Terms.
Our policy is to investigate any alleged violations reported to us.
If you identify a possible violation, please provide us with the following:
Identification of the infringing material.
Information to identify the material that the user believes constitutes a violation, including its location, with sufficient details to allow us to locate it and verify its existence.
Contact information of the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
A statement that the notifying Party has a good faith belief that the publication of the material is not authorized by the owner, its agent or the law.
A statement subject to the accusation of perjury that the information provided in the communication is accurate and that the notifying party is authorized to lodge the complaint on behalf of the owner.
The physical or electronic signature of a person authorized to act on behalf of the owner of the material that is allegedly infringed.
The user communication must be signed (with physical or electronic signature) and must be sent to the following address:
Copyright Agent
c/o Under Armour, Inc.
1020 Hull Street
Baltimore, MD 21230
ConnectedFitnessIP@ua.com
The user acknowledges that failure to comply with all the requirements of this section could make his communication invalid.
Some information provided in the communication regarding a violation may be forwarded to the user who posted the content that presumably constitutes a violation.
In the United States, under Article 512 (f) of the DMCA, an individual who knowingly conceals that a material or activity constitutes a violation may be subject to liability.
For more information on how to prepare or respond to a communication under the DMCA, see www.copyright.gov and / or www.uspto.gov/trademark for more information on trademark rights.
5.
Third party links and services
Our Services may connect, interact or be available on third party services or products, such as on social media and third party devices.
If you access a third-party service or product, you should be aware that different conditions and privacy policies may apply to your use of those services.
5.1 Social networking e login
You may be enabled or accessed on the Services through various third party services, such as social media and social networking services such as Facebook or Twitter (“Social Networking Services”).
In order for you to take advantage of these features and functionality, we may ask you to authenticate, register, or access the Social Networking Services on the sites of the respective providers.
As part of this integration, the social network services will provide us with access to some information you have provided, and such information will be used, stored and disclosed in accordance with our Privacy Policy.
Please remember that the ways in which such Third Party Services (including Social Networking Services) use, store and disclose your information are governed solely by the policies of such Third Party Services and we have no obligation or liability for the privacy practices or other actions of third party services and websites that may be enabled within our Services.
Furthermore, we are not responsible for the accuracy, availability or reliability of the information, content, products, data, opinions, advice or statements made available in relation to the social network services.
Therefore, we are not responsible for any damage or loss, real or alleged, arising from or in connection with the use of, or the reliability of, such social network services.
5.2 Third Party Applications
You may be able to access some third party links, applications, content, services, promotions, special offers or other events or activities ("Third Party Applications") through our Services.
If you choose to log in to such Third Party Applications, you may be required to log in and synchronize your account with those Applications.
You are under no obligation to use the Third Party Applications, your access and use of such Applications is entirely at your own risk and we have no liability in this regard.
Furthermore, we are not responsible for the accuracy, availability, or reliability of the information, content, products, data, opinions, advice or statements made available by third-party applications.
Therefore, we are not responsible for any damage or loss, real or alleged, arising from or in connection with the use of, or the reliability of, such third-party applications.
5.3 Third Party Products
Our Services may also be accessed on third-party devices or other products ("Third-Party Products"), and the ability to use certain features of the Services may require the purchase of third-party Products (such as fitness trackers ).
While we may recommend, promote or market the products of certain partners, we have no responsibility for your purchase or use of the Third Party Products, and we do not warrant that such Products will work in conjunction with the Services or will be error-free.
We therefore exclude any liability with respect to Third Party Products, including Third Party Products offered by our partners.
5.4 Third Party Services, Activities and Events
Our Services may include the ability to discover, access or participate in certain services, activities or events ("Third Party Activities").
By way of example but not limited to, you can use the Under Armor We Will site to access information and to register for third party volunteer opportunities.
Third Party Activities are offered and provided by Third Parties, not Under Armor.
Your presence and participation in Third Party Activities is solely at your own risk.
Under Armor assumes no responsibility for any Third Party actions, errors or omissions, including, for information only, those arising from, or otherwise related to, a user's presence, use or participation in Third Party Activities. parts discovered, booked or registered through the Services, or from the performance or non-performance of any Third party in relation to the Services.
Under Armor is not a representative of the Third Party Asset Providers.
6.
Mobile services
Although we try to make our applications available on many platforms, we cannot guarantee that these applications are compatible with your device (although you can notify Customer Service if you have any questions or problems; we want to help you).
If you use our applications, your standard rates for data and messages will apply, in addition to the rules of the app store from which you download such applications.
6.1 Device and wireless carrier considerations
To use or access our applications, you need a compatible device.
We cannot guarantee that the applications will be compatible with, or available for, your device.
We do not charge for the use of some basic applications; however, you may have to pay commissions to use some premium applications and features.
In addition, your telephone company's fees and commissions for messages and data also apply.
6.2 Explicit consent for text and mobile messages
By downloading or using our applications, you expressly agree that we can communicate with you about the transactions you have initiated on our Services, or respond to your communications that you have sent through the Services, by SMS, MMS, text message, or other type of electronic tool, directly on your device, and that some information about your use of the applications may be communicated to us, automatically from the device.
We will not send you direct marketing messages without your prior express written consent and you can explicitly refuse to receive marketing messages from us at any time.
6.3 Mobile Application License
We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from an authorized marketplace, in code format only, for your personal use for lawful purposes.
In relation to "open source" or third-party codes that can be integrated into applications, these codes are subject to the "open source" or third-party EULA license, if applicable, which authorizes the use of such codes.
6.4 App Store
If you download our applications from a third-party "app store" (the "Application Provider"), you acknowledge and agree that:
These Conditions constitute an agreement with us and not with the Application Provider.
As agreed between Under Armor and the Application Provider, Under Armor is solely responsible for its own applications;
The Application Provider has no obligation to provide maintenance and support services related to Under Armor applications;
In the event that the Under Armor applications fail to comply with any applicable warranty, (i) you may notify the Application Provider who may refund you the purchase price of the applications (if any), (ii) to the extent permitted under applicable law, the Application Provider will have no other obligations relating to the Applications, and (iii) any other claim, loss, liability, damage, cost or expense attributable to failure to comply with the warranty will be Under Armor's responsibility, such as agreed between Under Armor and the Application Provider;
The Application Provider is not required to deal with any complaints regarding the applications or your possession and use of the applications;
If a third party claims that an application constitutes an infringement of another party's intellectual property rights, Under Armor will be held responsible for the investigation, defense, resolution and settlement of such complaint to the extent required by these Terms, as agreed between Under Armor and the Application Provider;
The Application Provider and the companies connected to it are considered third party beneficiaries of these Conditions, since they are linked to your license for the applications.
Upon acceptance of these Terms, the Application Provider will have the right (and shall be deemed to have accepted that right) to enforce these Terms in connection with your Application license, as a third party beneficiary thereof. ; And
When using the applications, you must also comply with all applicable third party Terms of Service.
7.
Payment services
If you choose to sign up for one of our paid services, the following payment and billing terms apply.
Paid services and billing can automatically renew unless canceled.
You can cancel them at any time.
7.1 Terms of payment
Some Services are offered in premium versions (the "Premium Services") for a fee.
By signing up and using the Premium Services, you are expressing your consent to our Terms and any additional terms and conditions described herein.
You also agree to waive your 14-day right of withdrawal when you sign up for the Premium Services to the fullest extent permitted by applicable law, so that you will be able to access them immediately.
The Premium Services provide you with access to some improved products, services, functions and features (for example, premium charts and analytics and the ability to browse without advertisements).
By registering and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or expenses incurred that apply to the Premium Services (such as subscription fees).
If you register for the Premium Services, you must provide information regarding your preferred payment method ("Payment Method").
Such information must be complete and accurate, and you will be held responsible for keeping it current.
You authorize us to collect by automatic debit or ACH, from your Payment Method, the appropriate fees for the Premium Services and for any other purchases you choose to make through the Services.
You can choose to pay for the Premium Services on an annual or monthly basis.
Unless otherwise indicated, all fees due for premium Services are payable in advance, and will be automatically billed to the Payment Method at the beginning of each month or year, where applicable.
Unless otherwise indicated, the Premium Services will automatically renew until you decide to cancel your access to the Premium Services.
All purchases of the Premium Services are considered final and non-refundable, except at our discretion and according to the rules governing each Premium Service.
7.2 Termination and Cancellation of Premium Services
If you do not pay the fees or expenses due for the use of the premium Services, we will be able to take any reasonable action to notify you and resolve the matter; however, we reserve the right to disable or terminate 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 on how to delete them here.
Once you have canceled your Premium Services and received confirmation, you will not be able to make any changes to your account.
The cancellation of a Premium Service will take effect at the end of your current billing cycle, and you will have the same level of access to the Premium Services during the remainder of that billing cycle.
For example, if you receive billing every month and cancel during a given month, you will be billed for the entire month and you can keep access to the premium services until the end of that month.
For the termination or cancellation of your Premium Services, there are no refunds.
If you no longer wish to subscribe to a Premium Service, you will be held responsible for canceling that Service in due course, regardless of whether or not you actively use that Premium Service.
7.3 Rate Changes
To the maximum extent permitted by applicable law, we may change our prices for the Premium Services at any time.
We will give you reasonable notice of such price changes by posting new prices on, or through the Premium Services and / or by notifying you by email.
If you do not wish to pay the new prices, you can cancel the Premium Services before the change takes effect.
7.4 Codes for discounts, coupons or gifts
If you have received a code for a discount, coupon or gift for a Premium Service, in addition to the terms and conditions of the specific code, the following terms and conditions apply.
To redeem a discount or coupon code, log into the Premium Service and enter the code to benefit from the promotion.
All discount codes, giveaways and coupons can only be used when you subscribe to the Premium Services and in accounts that are not yet subscribed to the Premium Services.
Discount, giveaway, and coupon codes cannot be combined with other discounted prices, sales, promotions or coupons, and cannot be exchanged, refunded, exchanged or redeemed for cash or account payment.
A payment method may be required to redeem a discount or coupon code.
You are required to use a discount, coupon or gift code before expiration, and expired codes cannot be refunded or their validity extended.
You are also required to close the Premium Service before the end of a free or discounted period if you do not wish to continue using the Premium Service at the regular price.
The terms and conditions of a specific discount code, coupon or gift may include additional restrictions on use, including, for information only, the type of plan, the duration of the free or discounted premium Service, the validity dates of the voucher, and / or the quantities purchased.
Under Armor reserves the right to cancel promotions regarding discounts and coupons at any time.
7.5 Prove gratuite
We sometimes offer free trials of our Premium Services or other promotional offers (individually referred to as “Free Trials”).
A Free Trial provides you with access to premium Services for a specified period of time, and details will be specified at the time you sign up for the offer.
In order to sign up for a Free Trial, you will need to provide us with your preferred Payment Method.
As soon as you have submitted your payment details, your Free Trial will begin.
No charges will be made until the end of the Free Trial period.
Unless you cancel your subscription before the Free Trial ends, or unless otherwise stated, your access to the Premium Service will automatically renew and you will be billed for applicable fees for that Premium Service using the Payment Method provided. .
All expenses incurred are considered final and non-refundable, except at our discretion and according to the rules governing each Premium Service.
We may send you a reminder when the Free Trial period is about to expire, but such notifications are not guaranteed.
You are required to know when the Free Trial expires, if you decide you do not want to pay for the Premium Services after the Free Trial period has expired.
If you decide you do not want to pay for the Premium Services, you must cancel your subscription before the Free Trial period expires.
Depending on the applicable Premium Service, you may no longer have access to the Premium Service upon cancellation or at the end of the Free Trial period.
Once you have canceled your free trial and received confirmation, you cannot restore the trial period even if you have not used it for the entire duration of the offer.
The features and content of the Premium Services may be changed at any time, and we cannot guarantee that a specific feature or content will be available throughout the Free Trial period.
The rates in effect at the time you sign up for the Free Trial will be the same at the time of expiration, unless you are notified otherwise.
We reserve the right, in our sole discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or these Terms without notice and any obligation.
You cannot sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to benefit from Multiple Free Trials.
8.
Shopping and e-commerce
Additional terms and conditions relating to e-commerce may apply to Under Armor Shopping.
You can find these terms and conditions below ... We also wish to provide you with information regarding our policies relating to refunds, exchanges, restocking, taxes, shipping and other policies that apply at the time of purchase.
If you have any questions regarding Under Armor Shopping, please contact our Support Team Please review these policies before making purchases through Under Armor Shopping.
9.
Physical activities and dietary indications
The health of users is very important to us as they reach their fitness goals.
Be responsible and use your judgment and common sense.
We provide our Services for informational purposes only, and we cannot be held liable in the event of injury or if something goes wrong.
In particular, while most of the content posted by other users in our community is useful, it should be borne in mind that the content comes from strangers and should never take precedence over your judgment or actual medical opinions.
9.1 Safety first
For Under Armor, your safety is important.
You should always consult with your health care providers and consider the risks before using our Services in connection with any physical activity, fitness or wellness program, or any dietary programs or recommendations.
By using our Services, you accept, represent and warrant that you have received your physician's consent to take part in fitness and wellness programs, workouts, exercises and any physical activity made available in connection with the Services, and that you have consulted the your doctor before making any changes to your diet based on information available through the Services.
The conditions and abilities of each of us are different, and participating in the activities promoted by our Services is at your own risk.
If you choose to participate in such activities, you do so at your own free choice and initiative, knowing and voluntarily assuming all the risks associated with such activities.
The activities promoted by the Services may involve risks even for those who are in good health.
You understand and agree that we will not, and will not be responsible for, performing physical exams, supervision, preparation, performing or carrying out any activity related to, or to which you have access to or discovered through the Services (for example, officially presented challenges or community created; courses; friendly competitions or similar activities; any individual or group training activities; third party activities, or other events and activities that use our Services).
Maps, directions, and other GPS or navigation data, including your location data, may be unavailable, inaccurate and incomplete.
We encourage you to put safety first, to follow traffic regulations, not to change settings on your device while on the move or in dangerous areas, and to always be vigilant and examine your surroundings when exercising.
You expressly agree that your physical activities, from which the User Created Content that you post or seek to post on or through the Services may derive (for example, running, walking, cycling, hiking) and that certain Third Party Activities parties involve some risks of material damage, injury or death, and that voluntarily assumes all the risks known and not associated with such activities, even if caused, in whole or in part, by the action, failure to intervene, or negligence of Under Armor, or from action, failure to intervene or neglect of others.
Unless otherwise stated in these Terms, and to the fullest extent permitted by applicable law, we are not liable, either directly or indirectly, for any injury or damage resulting from your physical activities or from your use, or inability to use, the Services or functions of the Services, including Content or activities that you access or learn through our Services (for example, a third party Business such as a yoga class), even if caused, in whole or in part, by the action , the failure to intervene, or the negligent conduct of Under Armor or others.
To the fullest extent permitted by applicable law, you expressly agree that we assume no liability with respect to any Third Party Activities or other activity relating to the running, racing, class, physical activity or event that uses or is promoted by, or to accessed through the Services.
9.2 Disclaimer relating to the accuracy and reliability of the Contents
We make no representations or warranties regarding the accuracy, reliability, completeness or timeliness of the Content made available through the Services, and we make no commitment to update such Content.
In addition, the Content created by the User, including advice, statements, or other type of information, including, but not limited to, information regarding food, nutrition, dietary indications, indications relating to exercises or workouts, athletic activities and records on exercise databases, are not created by Under Armor and cannot be relied upon without independent verification.
For User-created Content, whether made public or privately transmitted, the user who created such User-created Content will assume sole responsibility.
All information is provided "as is" without representations, warranties or conditions of any kind as to its accuracy or reliability.
Not all users who can identify themselves as licensed professional coaches or dieticians are qualified to practice in all jurisdictions.
Under Armor has and does not undertake any obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed.
If you consider yourself a licensed trainer or dietician, you represent and warrant that you are actually licensed to provide the services offered in the jurisdiction in which you offer such services.
Users should also note that even if a user is a licensed coach in a jurisdiction, this does not mean that that manager user is licensed in the jurisdiction from which other users access that user's advice.
Consequently, if you rely on the advice provided by other users, you do so at your own risk.
To the extent permitted by applicable law, Under Armor will under no circumstances be liable for any loss or damage resulting from reliance on the information or advice provided by any users of our Services.
9.3 No medical opinion
We aim to provide useful general information for our community, not medical advice.
The Services do not represent medical devices, and the data provided by them is not intended to be used for medical purposes or to diagnose, treat, cure or prevent disease, ailment or injury.
To the fullest extent permitted by applicable law, you expressly agree that we do not provide any medical advice through the Services.
All content provided through the Services, whether provided by us or by other users or third parties (even if someone could claim to be a doctor!),
are not intended and should not replace (a) the opinion of your doctor or other medical professionals, (b) a visit, call or consultation with your doctor or other medical professionals or © information contained on product packaging or labels.
To the extent permitted by applicable law, we are not responsible for any health problems that may arise from training programs, dietary recommendations, advice, products or events that you become aware of through the Services.
If you have any questions regarding your health, please call or consult your doctor or other health care provider immediately.
In an emergency, call your doctor or local emergency department immediately.
Your use of the Services does not constitute or create a physician-patient, therapist-patient or other type of healthcare professional relationship between Under Armor and you.
9.4 Non-typical 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 or diet activity.
To the extent permitted by applicable law, Under Armor has and does not assume any obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation reported in the success stories of any users.
9.5 Accuracy
The Services are intended to provide you with information to encourage you to support your fitness and wellness activities.
Some of the Services are designed to track your movement and sleep (“Activity Tracking Services”).
These Activity Tracking Services rely on sensors and / or GPS capabilities that track your movement and rest.
The data and information provided by the Activity Tracking Services is intended to represent your activity, but may not be completely accurate, including with respect to steps, sleep, speed, distance or calorie data.
By using the Activity Tracking Services, you acknowledge and agree that Under Armor is not responsible for any inaccuracies in such data.
If you are a resident of New Jersey or the Netherlands:
Notwithstanding this document, nothing in these Terms limits or excludes Under Armor's liability for loss or damage resulting from fraud, recklessness, gross negligence or willful conduct.
10.
Amendments to Product Specific Terms and Conditions
As Under Armor grows and improves, we may need to make changes to these Terms or include additional terms that are specific to certain products.
10.1 Updates to these Terms
Under Armor reserves the right to modify these Terms (i) by posting the amended Terms on and / or through the Services, and / or (ii) by notifying you in advance of material changes to the Terms, generally by email, to the extent possible. , and otherwise through the Services (such as through a notification on the home page of the Under Armor websites or our applications).
Unless required by law, changes are not retroactive.
Sometimes we may ask you to review and accept or reject a modified version of these Terms.
In such cases, the changes will take effect from the moment you accept the modified version of the Conditions.
If you have not yet given your approval to the new Terms, you will not be allowed to use the Services.
In cases where we do not require you to expressly accept a modified version of the Terms, the modified version will take effect on the date specified in the Terms.
If you choose to maintain an account, access or use the services (regardless of whether you have created an account) after this date, you accept the terms and conditions of the Terms, as amended.
If you do not accept the changes, you will not be allowed to use the Services and you will have to stop using them.
10.2 Specific conditions for product
We may also require you to accept terms, rules, policies, guidelines or other additional terms (collectively, “Product Specific Terms” that are specific to certain Services (such as Business Tools).
In such cases, you may be required to give your consent to these Product Specific Terms.
For example, you may need to check a box or click a button marked "I agree".
In the event that the product-specific conditions are different from the conditions, the product-specific conditions will supplement, modify or replace the conditions, but only with regard to the subject of the product-specific conditions.
11.
No guarantee
EXCEPT WHERE PROHIBITED BY LAW, UNDER ARMOR EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR INSURANCE OF ANY KIND, WHETHER VERBAL OR WRITTEN, EXPRESS, IMPLIED, LEGAL OR OTHERWISE, INCLUDING, EXPRESSLY IMPLIED WARRANTY FITNESS FOR SPECIFIC PURPOSES AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ANY GAP.
Without limiting the foregoing, you acknowledge that, to the fullest extent permitted by applicable law, we make no warranties as to the quality, accuracy, timeliness, truthfulness, completeness, availability or reliability of the Services and Content.
To the fullest extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will not be interrupted, free from viruses or errors, or other harmful elements, or (iii) any errors will be corrected.
Any verbal or written advice provided by our representatives or by us does not constitute, and will not constitute, any warranty.
To the fullest extent permitted by applicable law, we also make no representations or warranties of any kind relating to the Content; in particular, the Contents created by the User are provided by the users and the sole responsibility lies with the users who provide such Contents.
No advice or information, whether oral or written, obtained from users or through the Services, will constitute any expressly issued guarantee.
Therefore, you acknowledge and accept that the use of the Services is at your own risk and that you assume the entire risk with regard to quality, performance, accuracy and testing.
12.
Limitation of Liability
We are creating better Services for you, but we cannot promise you that they will be perfect.
We are not responsible for anything that may go wrong as a result of your use of the Services.
To the fullest extent permitted by applicable law, under no circumstances (including, for information only, negligence) will Under Armor, its affiliated companies, partners and telephone operators be liable to you or to any third party for (a) any direct, indirect, special, custody, exemplary, punitive, or consequential damage of any kind; (b) loss of profit, revenue, data, reputation, or other intangible loss; © damages relating to your access, use, inability to access and use the Services; (d) damages relating to the conduct or content of third parties or users using the Services, including, for information only, the conduct or content that is defamatory, offensive or illegal; and / or (e) damages otherwise related to Third Party Content, Third Party Products or Third Party Activities to which you have access through the Services.
To the fullest extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort or any other legal theory, whether Under Armor has been advised of the possibility of such damage, and furthermore, if it is discovered that a remedy presented here fails in its intent.
To the fullest extent permitted by applicable law, Under Armor's total liability with respect to any claim made under these Terms, including implied warranties, is limited to the greater of one thousand dollars ($ 1,000.00) or the amount you have paid to use the Services during the past twelve months.
In particular, to the extent permitted by applicable law, we are not responsible for complaints arising from (a) your use of the Services (including, for information only, your participation in activities promoted or accessed through the Services), (b) the use, disclosure, display or maintenance of a user's Personal Data, © any other type of interaction with us or with users using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services and goods received through, or advertised on, the Services or received through links provided within the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and price the Services based on the disclaimers, disclaimers and limitations of liability set forth in these Terms, which such disclaimers, disclaimers and limitations of liability reflect a reasonable and fair sharing of risk between us and you and that such disclaimers, disclaimers and limitations of liability form an essential basis of our agreement.
In the absence of such disclaimers, disclaimers and limitations of liability, we will not be able to provide the Services to you on an economically reasonable basis.
If you are a resident of the state of California: You waive your rights under Section 1542 of the California Civil Code, which states that “a general release does not extend to claims that the creditor is not aware of or of which he does not suspect the existence in his favor at the time of the execution of the release which, in the event that he was aware of it, could have materially affected his agreement with the debtor ".
If you are a New Jersey resident: Notwithstanding this document, nothing in these Terms limits or excludes UA's liability for loss or damage resulting from fraud, recklessness, gross negligence, or willful conduct.
13.
Indemnification
If you reside in the United States or any country other than France or Germany: To the fullest extent permitted by applicable law, you agree to indemnify and hold Under Armor, its related companies, suppliers and other partners harmless from any and all claims or claim, including attorney and accounting fees, made by a third party due to, or arising from (a) the use of User Created Content that you have access to and share through the Services; (b) your use of the Services; © your physical activities related to the Services (including, for information only, physical activities related to races, races, group activities, Third Party Activities or any other type of event that we may sponsor, organize, take part in, or for which the Services are used); (d) your connection to the Services; (e) your breach of these Terms; (f) your use, or misuse, of Users' Personal Data; (g) any violation of the rights of other persons or bodies by you; or (h) your use of the Services to meet another user in person or to locate a venue and attend an offline event.
We reserve the right, at the user's expense, to assume the defense and control of any matter for which the user is required to indemnify us under these Conditions, and the user agrees to cooperate with us in the defense of such requests.
If you reside in France or Germany: Notwithstanding the preceding paragraph, you agree to indemnify and hold Under Armor, its related companies, suppliers and other partners harmless from any and all claims or claims, including lawyers' and accounting fees. , made by a third party due to, or arising from (a) your use of the User-created Content that you have access to through the Services; (b) your violation of these Terms, © your use, or use incorrect, Users' Personal Data, (d) any violation of the rights of other persons or bodies by you, or (e) your use of the Services to meet another user in person or to locate a location and take part in a offline event.
We reserve the right, at the user's expense, to assume the defense and control of any matter for which the user is required to indemnify us under these Conditions, and the user agrees to cooperate with us in the defense of such requests.
If you are a New Jersey resident: Notwithstanding the provisions of this document, nothing in these Terms imposes an obligation on you to indemnify us for claims arising from fraud, recklessness, gross negligence or willful conduct.
14.
Applicable law
If you reside in the United States or another country outside the European Union: These Terms will be governed and construed under the laws of the state of Maryland and the federal law of the United States, where applicable, regardless of the provisions in conflict of laws matter.
If the user resides in the European Union: these Conditions will be governed and interpreted according to the laws of the state of the Netherlands, without considering the application of the rules on conflict of laws.
15.
Disputes and Arbitration, Jurisdiction and Competent Court
To the maximum extent permitted by applicable law, the user and Under Armor agree that any dispute resolution procedure will be conducted only on an individual basis and not through collective, unified or representative action.
Except where prohibited, we and you agree to submit any dispute relating to your general use of the Services to personal and exclusive arbitration, in accordance with the rules of the American Arbitration Association.
For more information on arbitration, visit the website www.adr.org.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to plead that such venue is an inappropriate forum.
You agree not to sue us or to submit a dispute to arbitration in another forum.
The arbitration will be conducted in English.
An independent and impartial arbitrator will be appointed according to the rules of the American Arbitration Association.
The user and we agree to abide by the following rules, which are intended to simplify the dispute resolution process and reduce costs and burdens for the individuals involved:
arbitration proceedings will be conducted by telephone, online, and / or will be based solely on written documents, and the specific modalities must be chosen by the party initiating the proceedings;
the arbitration does not require the appearance of the parties or witnesses, unless otherwise agreed in writing by the parties;
any judgment regarding the arbitrator's award can be presented in any court of competent jurisdiction.
Except in exceptional circumstances, the arbitrator will issue his decision within 120 days from the date on which he was appointed.
The arbitrator may extend this time limit for a further 30 days in the interest of justice.
All arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as deemed necessary to obtain the court's confirmation of the arbitration award.
The arbitrator's award will be in writing and will include a statement describing the reasons for the final agreement.
Furthermore, you acknowledge and understand that, with respect to any dispute with us arising out of or related to your choice to maintain an account, access or use the Services:
You waive your right to a trial before a jury;
You waive your right to act as a representative, private attorney general or any other representative capacity, or to participate as a member of a group of plaintiffs, in any legal action relating to this dispute; And
You must file a complaint within one (1) year of such a complaint being raised, or it will be ruled out.
If this arbitration provision is deemed null and void, then all disputes arising between us under these Terms will be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we agree the personal jurisdiction and forum of such courts.
This arbitration agreement will not prevent you or Under Armor from seeking interim remedies from a court of competent jurisdiction in support of the arbitration, including, without limitation, orders to suspend legal action, compel arbitration or confirm an arbitration award. .
In addition, this arbitration agreement will not prevent you or Under Armor from (i) seeking a temporary restraining order, preliminary injunction, or other interim or precautionary proceeding, as necessary, or (ii) making a claim in any state or federal court for disputes relating to an infringement or possible infringement of Under Armor's intellectual property rights.
In the event of a dispute or arbitration arising out of, or related to, these Terms or the Services provided, the prevailing party shall have the right to request reimbursement from the other party of all reasonable costs incurred, including staff time, court costs, attorney's fees and any other type of expenses incurred for such litigation or arbitration.
If you are a resident of the European Union: Subject to any contrary provision in these Terms, if a dispute arises that you and Under Armor are unable to resolve, you have the right to file a complaint via http://ec.europa.eu/consumers/ odr.
Apart from the provisions of these Conditions, we do not participate in any ADR scheme.
Furthermore, no provision contained in these Conditions limits the user's rights to bring legal action against Under Armor in the local courts of their place of residence.
All disputes arising under these Terms between you and Under Armor will be subject to the non-exclusive jurisdiction of the courts established in your place of domicile or in the Courts located in the Netherlands, and you and we accept personal jurisdiction. and the forum of such courts.
If you are a resident of Finland: Notwithstanding these Terms, if a dispute arises that you and Under Armor are unable to resolve, you have the right to lodge a complaint with your local Consumer Disputes Committee or other corresponding body.
If you are a resident of Denmark: Notwithstanding these Terms, if a dispute arises that you and Under Armor are unable to resolve, you have the right to lodge a complaint with the Danish Competition and Consumer Protection Authority (Konkurrence - og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby; e-mail: cfk@kfst.dk)
If you are resident in South Korea: notwithstanding the provisions of these Conditions, no provision contained in the Conditions limits your rights to bring legal action against Under Armor in the local courts of your place of residence.
16.
International terms
If you are not a resident of the United States and have access to the Services from outside the United States, you agree to transfer certain information outside your country and to follow all applicable laws.
Our Services are provided to a global user community.
However, our servers and businesses are primarily based in the United States and our policies and procedures are primarily based on United States law.
For this reason, the following provisions specifically apply to users residing outside the United States: (i) you give your consent to the transfer, storage and processing of your information, including but not limited to for example, User Created Content and Personal Data, in the United States and / or other countries; (ii) if you use the Services in a country that is subject to a United States embargo, or that is on the United States Treasury Department's list of "Specially Designated Nationals" , is not authorized to access or use the Services; and (iii) you agree to comply with all local laws, regulations and regulations, including, without limitation, all laws, regulations and regulations in force in the country in which you reside and in the country from which accesses the Services.
The Services are not intended for distribution to, or use by, individuals or entities in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Under Armor or its affiliates to registration requirements under the within that jurisdiction or country.
The names used for the countries and regions in these Terms, the Privacy Policy and any other associated features or documentation are based on the United Nations Terminology Database.
If you are a resident of the European Union, Hong Kong, Russia, New Zealand or South Korea: Notwithstanding the provisions of these Terms, some jurisdictions may not allow the waiver or limitation of certain warranties, or damage under mandatory law, therefore some of the exclusions and limitations contained in these Terms may not apply to you.
Nothing in these Terms limits or excludes our liability for (1) fraudulent statements made by us, (2) death or personal injury caused by our negligence or willful conduct, or (3) failure to perform material contractual obligations.
If you are a New Zealand resident: Notwithstanding these Terms, nothing in the Terms limits or excludes our liability or your rights (as a consumer) for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act of 1986.
If you are a resident of Germany, France, Austria or Finland: notwithstanding the provisions of these Terms, the expression "to the fullest extent permitted by law" and other expressions of similar effect will be deemed to have been deleted at any point in the Terms and will have no value and effectiveness.
If you are a resident of Japan: Notwithstanding the provisions of these Conditions, nothing contained in the Conditions limits or excludes our liability or the rights of you (as a consumer) for the purposes of the Consumer Contract Act.
If you are a resident of South Korea: Notwithstanding the provisions of these Terms, any changes to these Terms will be announced on the Website prior to their effective date; Unless the user expresses his intention to refuse such modification or change after a reasonable period of time following such announcement, the user is deemed to have given his consent to such modification or change.
17.
Survival
If our relationship or these Terms terminate, this will not limit all other rights or remedies available, and any provision of these Terms that must survive to ensure proper fulfillment of the purpose and intent of these Terms, will survive even after termination. , including, for information only, Section 2 (Ownership and Use of Content), Section 9 (Physical Activities and Dietary Directions), Section 11 (No Warranty), Section 12 (Limitations of Liability), Section 13 (Indemnification), Section 15 (Disputes and Arbitration, Jurisdiction and Competent Court) and Section 17 (Survival).
18.
Various and possible
You acknowledge that there is no joint venture, partnership, employment or agency relationship between us in connection with the Terms or your use of the Services.
The Product Specific Terms and Conditions constitute the agreement between us and you, regarding your use of the Services.
Failure by us to exercise or enforce a right or provision of the Terms does not constitute a waiver of such right or provision.
If one of the provisions of these Conditions is found to be invalid according to a court of competent jurisdiction, the parties agree that the court shall endeavor to give effect to the intentions of the parties as indicated in the provision, while all other provisions of these Conditions will continue to be fully valid and effective.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent.
We have the right to transfer or assign, at our discretion, all or part of our rights under these Terms and we will have the right to delegate or use third party contracting parties to perform our duties and obligations under these Terms and in connection to the Services.
Our notification received by email, regular mail, or the notifications and links displayed on the Services, constitute an appropriate notification, under these Terms.
We are not responsible for not receiving notifications if our emails are subject to a quarantine by your security system (for example in the "junk mail" or "spam" folder), or if you do not update your email address.
Notifications will be considered as received after forty-eight hours from their sending, if sent by e-mail or by ordinary mail.
In the event that the notification is provided through a link displayed in the Services, it will be considered as a receipt after twenty-four hours from its first display.
19.
Contact us
If you would like to submit feedback, questions or comments about the Services, please contact our Support Team by email, by phone at 1-888-727-6687, or by regular mail at: Under Armor, 1020 Hull Street, Baltimore, MD 21230 (USA), and include as subject “Attn: Legal - Terms and Conditions of Use”.
Please be sure to include your full name, email address, regular mail address, and any messages in any email or regular mail.
Appendice A: Under Armour Shopping
By shopping using Under Armor Shopping, you agree to these terms and conditions.
These terms and conditions apply to all offers and agreements relating to the online sale and shipment of Under Armor clothing, shoes and accessories ("UA Apparel"), excluding digital products and services (for example, premium subscriptions). , expressly outlined in Section 8 of the Conditions above.
Accordingly, the specific terms and conditions outlined below apply to orders for any UA Apparel item ordered (i) on underarmour.com or UA.com, or any other country extension; (ii) from all sites directly connected to UA.com; or (iii) from any Under Armor e-commerce or shopping application (collectively, “Under Armor Shopping”).
(a) Account registration
An account is not required to shop through Under Armor Shopping.
However, to make online purchases faster and easier, you can register for an account on one of our websites or applications.
If you create an account, please confirm your e-mail address, as we will use the e-mail address on file to contact you.
If you have an account, you will have the ability to track shipments, view previous orders, and with a username and password, you will have quick access to shipping and billing information.
If you don't want to create an account, you can continue shopping on Under Armor Shopping as a “Guest”.
(b) Online Availability
When you shop, once you have selected the item you want to buy, you can see which colors / sizes are in stock by selecting the color (1.
Select the color), and then the size (2.
Select the size).
If the size you want is not available for the selected color, it means that it is not available.
Although Under Armor Shopping is designed to show stock levels in "real time" so that only items in stock are visible and available for purchase, we may have shortages in stock due to the growing popularity of a model, a particular color or size, and we cannot guarantee that the items in stock are actually available.
If the item you wish to purchase is currently not in stock, we apologize for the inconvenience and we suggest you call our customer service line who can help you find a similar product.
© Find the model number
If you are looking for the model code of a product, you will find it inside the garment written on a small white label.
For example, it will read FW081100200 or on older models FW060375.
The first four letters refer to the season of the model (ex.
FW06 = Fall / Winter 2006) (although, depending on the region, the model number for some products may not include the first four characters) and the last seven (on new models), or four (on older models) refer to the model code.
You can search for this model number on our Services to find exactly what you are looking for.
If no results are displayed, that model may no longer be manufactured by Under Armor.
Please contact our customer support team for help finding a replacement product.
(d) Orders and Order Changes
If you place an order, we will send you a confirmation e-mail to the address you provided.
If you are using your workplace email address, please note that many companies use "spam" mail filters to block the receipt of automated emails, and this could hinder the delivery of our email. confirm, or send it to the junk mail box.
This "confirmation" step exposes the final details of your order.
Subsequently, we will send you an order acceptance e-mail which details the products you have ordered.
Please note that this e-mail does not constitute an order confirmation or acceptance by Under Armor.
The acceptance of your order and the conclusion of the contract between us will occur at the time we ship the products you have ordered, unless we have informed you that we do not accept your order or you have canceled it.
Due to the short period of time between the order and shipment, it is difficult to make changes once you have placed the order.
However, if you contact us within one hour of placing the order, we will try to facilitate the changes.
(e) Taxes
Sales taxes and other similar taxes, such as value added tax ("VAT"), are calculated using local and national rates depending on where you reside.
If VAT is applied, it will be charged at the local rate and will be included in the product price.
(f) Payments
Under Armor reserves the right to update the list of forms of payment accepted by Under Armor Shopping.
We may apply for credit and debit cards issued by an institution in the jurisdiction in which you reside, and such forms of payment must be linked to a billing address in the same jurisdiction.
For most jurisdictions, you must make sure that the billing address on file, together with the credit or debit card issued by the bank, is the same billing address that you entered when ordering.
We do not accept personal checks, money orders or online cash payments.
Since Under Armor does not charge item prices prior to shipping, we use a pre-authorization process to reserve products for shipping.
To avoid unnecessary bank overdraft fees, banks often use a method called “pre-authorization” to verify that the credit / debit card used is valid and has sufficient funds.
Please note that the transaction description will appear on your statement as "UNDER ARMOR".
Most authorizations expire within five and up to seven days; however, the issuing bank will determine the duration of the authorization.
The final charge on the credit or debit card will only reflect the value of the goods shipped plus the applicable shipping taxes.
If you have any further questions, please contact our customer service team.
If you have problems with payment, please contact our customer service team: a member of the team will be happy to assist you.
(g) Delivery and Shipping
There are some places we are not allowed to ship, and we do not ship to mailboxes, so please confirm that we will be able to ship the products to you before placing an order.
The estimated delivery time and shipping costs for each order will be indicated in the order verification.
While we do our best to deliver goods within the estimated delivery times, delays do occasionally occur.
Under Armor will not be held responsible for any delay or failure to ship merchandise within the estimated delivery time.
Under Armor reserves the right to request that the order of the goods be signed by an adult over the age of 18 before or at the time of shipment.
It is not always possible for customers from one jurisdiction to make purchases from Under Armor Shopping in another jurisdiction.
Please visit our local website to see which goods are currently available for you.
Generally, you will receive an identification code by e-mail as soon as your goods are sent.
You can also find your identification code by logging into your account and entering the Order Number found in your order confirmation email.
Please allow at least two working days to pass from the time you place the order to use the identification tool.
If you have tracked your order on our website and received the message that your order is "in transit", it means that your order has been processed for shipment, or that your order identification information is not. are still updated with the carrier.
Generally, four working days must elapse before the carrier has received our information for the identification of the shipment.
We try to send all items in one order, but reserve the right to send your products in separate shipments if one or more items are not available at the time of initial shipment.
In the event that we split your order into more than one shipment, you will not be charged separate shipping costs.
In addition, each shipment will have its own confirmation / identification email.
In case of problems during the fulfillment of a part of your order, these problems will not constitute a basis for the cancellation of any other item included in that order.
Any order that is delivered to you will become your property upon receipt, provided that 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 may vary depending on where you have access to Under Armor Shopping.
For more information about the policies applicable to a particular order, please consult the policies listed in the section of the Conditions regarding Customer Service and Additional Conditions for e-commerce of the website you used to place the order.
(i) Conflicts with these Terms; Applicable law
To the extent that these Under Armor Shopping Terms conflict with Under Armor Shopping Terms, these Under Armor Shopping Terms supersede and prevail with respect to orders and use of Under Armor Shopping.
If these Under Armor Shopping Conditions conflict with the conditions of the website used to place your order, the Conditions of that website will replace and prevail with respect to the orders and use of Under Armor Shopping.
If you are resident in South Korea: Under Armor's contracting party for Under Armor Shopping is Under Amour Korea, Ltd.
You must be at least 14 years of age to use Under Armor Shopping.
If you are between the ages of 14 and 18, the user or his legal representative can cancel the applicable sales contract created under Under Amour Shopping if the legal representative has not given their consent to this sales contract.
If you are a resident of Turkey: some of the terms and conditions for e-commerce set out in Appendix A: UA Shopping do not refer to residents of Turkey who purchase products from our Turkish distributor FDOĞUŞ PERAKENDE (Doğuş Perakende Satış Giyim ve Aksesuar Tic.
A.Ş.) at the address http://www.underarmour.com.tr.
For Turkish users who make purchases on the website http://www.underarmour.com.tr, only the terms and conditions agreed by those users that are valid under Turkish law apply.
In the event of a conflict or inconsistency between the terms and conditions of Appendix A: UA Shopping and the terms and conditions of the Transaction Guide, the Distance Agreement or the Pre-Information Form (as applicable) supersedes and prevails over the terms and conflicting or inconsistent terms in Appendix A: UA Shopping.
We will send you an order confirmation that will show the details of the UA Apparel products you have ordered once the purchase is complete.
You can keep a different billing address on file for the credit card issuing bank than the billing address you enter when placing an order on the website http://www.underarmour.com.tr.
If we cannot ship a UA Apparel product to your location, we will notify you by e-mail of the impossibility of shipping to your location.
Under the Distance Agreement, your UA Apparel products will be shipped within thirty (30) days.
Under the Transaction Guide, the Distance Agreement and the Pre-Information Form, you have fourteen (14) days to cancel a Distance Agreement and avoid penalties.
We will not change the goods advertised or offered for sale, the prices or specifications of such goods and any promotional offers in connection with any purchases already completed and / or transactions in progress on the websites http://www.underarmour.com.tr.
If you are a resident of the state of Canada: Notwithstanding the provisions of these Terms or the terms and conditions set out in Appendix A, with respect to any purchases of UA Apparel products using a Visa credit card on the Under Armor Canada website, any dispute relating to such purchase will be governed and construed under the laws of the state of Canada, without regard to the application of the conflict of laws rules.
If you are a resident of Malaysia, Philippines, Singapore, Thailand or Indonesia: Notwithstanding the provisions of these Terms or the terms and conditions set out in Appendix A, with respect to any purchases of UA Apparel products using a Visa or MasterCard credit card on Under Armor's websites in Malaysia, the Philippines, Singapore, Thailand or Indonesia, any disputes relating to such purchases will be governed and interpreted under the laws of the state of Singapore, regardless of the application of the conflict of laws rules.
(j) Product Descriptions and Pricing
Under Armor Shopping aims to be as accurate a service as possible.
However, we do not warrant that the descriptions, photographs, videos and other content relating to Under Armor Shopping products are completely accurate, complete, reliable, current and error-free.
If a product offered by Under Armor does not match the description, your only remedy is to return it unused for a refund.
Despite our best efforts, the price of a small number of items may be incorrect.
If the correct price of an item sold by Under Armor is higher than stated, at our discretion, we may contact you for instructions prior to shipment, or cancel your order and notify you of such cancellation.
Prices displayed on Under Armor Shopping may be shown in local currency.
(k) Amendments
Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through Under Armor Shopping, the prices or specifications of such goods and any promotional offers available on Under Armor Shopping into any time and from time to time without notice or obligation to you or to another individual.