These terms of use were published on January 20, 2016 and apply to all new users of the Under Armor services as of the dates set out below.
Other important considerations about this policy:
For users based in the EEA, additional terms will apply as set out under the Country Disclosure heading.
For users based in the EEA, to submit an account deletion request, data removal request, data access request, and any other related data inquiries, please use one or more of the following resources.
More info
Users from Indonesia, Malaysia, Philippines, Singapore and Thailand can click here to see language options and country pages.
More info
For the needs of users from Turkey, the Turkish distributor runs a separate website at http://www.underarmour.com.tr.
More info
For users from Japan, our distributor in Japan operates a separate website http://www.underarmour.co.jp.
More info
Terms of use
Previous versions of Under Armor Terms 2016
Effective Date: Sunday, May 20, 2018
Welcome to Under Armor.
We are passionate about creating innovative products and services that empower people around the world.
We are very pleased that you are joining our team.
These Terms of Use are like the rules of the game - designed to build a positive and lawful community for our users.
By using Under Armor products and services, you consent to all of the following.
Under Armor, Inc.
and Under Armor Europe B.
V.,
and its affiliates and subsidiaries, including UA Connected Fitness, LLC (collectively "Under Armor" or all forms of the pronoun "we"), offer a wide range of products and services under the Under Armor brand, including websites and applications ( "MapMyFitness" etc.),
wearables, appliances and other technological equipment and content related to physical fitness and well-being; our e-commerce websites and applications ("Under Armor Stores"); and all current and future digital products and services we make available, including any products, services and content provided in cooperation with our partners (collectively, "Services" **).
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER FROM A GROUP ACTION IN PART 15.
THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE ANY DISPUTES WITH UNDER ARMOR AND SHOULD BE CAREFULLY REVIEWED.
YOUR DECISION TO MAINTAIN AN ACCOUNT, ACCESS TO OR USE OUR SERVICES (REGARDLESS OF WHETHER YOU OPEN AN ACCOUNT WITH US OR NOT) IS EQUAL TO THE REGULATIONS REGULATED BY OUR REGULATION AGAINST US.
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.
Please note that by accessing or using our Services, you represent that you understand that Personal Data (as defined in the Privacy Policy and User Contributed Content (defined below) provided by you as part of one part of the Service may thereafter also be made available at the level of the entire Under Armor and among other Under Armor's Services and that you consent to this.
Please note that summaries in the shaded boxes at the top of most sections are provided to assist you in understanding the Terms.
In the event of a conflict between any summary and any part of the Regulations, the Regulations should take precedence.
Please contact us via our Fulfillment Team.
help with questions or suggestions.
1.
Use of the Services and User Account
1.
1 Who May Use Under Armor Services
Under Armor welcomes users of all ages, but you must be at least 13 years of age to use most of our Services and at least 18 years of age to use the Under Armor Stores.
You must be at least 18 years of age to use the Under Armor Stores (unless otherwise specified in the International Terms and Conditions section applicable in your jurisdiction).
Users between the ages of 13 and 18 may use other Services (except Under Armor Stores) only with the consent and supervision of a parent or guardian.
Persons under the age limits may not use the Services, share their Personal Data with Under Armor or otherwise transfer their Personal Data (e.g.
name, address, telephone number or e-mail address) via the Services.
1.
2 your account
You may need to create an Under Armor user account to access the Services.
It is very important that the information associated with your user account is accurate and up-to-date (especially your e-mail address - if you forget your password, your current e-mail address is often the only way we can confirm your identity and help you recover. account access).
You may need to create an Under Armor user account to access or use some of the Services.
Such an account may also automatically give you access to use any new Services.
When creating an account for any of our Services, you must provide us with accurate and complete information as instructed during account creation and registration, and keep this information up-to-date.
Otherwise, some of our Services may not function properly and we will not be able to contact you on important matters.
You are required to maintain the confidentiality of any activities that take place while using it, and to notify our Compliance Team immediately.
assistance in the event of suspicion or certainty as to the loss, theft or unauthorized use of a user account or password.
We are not responsible for any losses resulting from the unauthorized use of your username and password.
For EU residents: You have the right to delete your account.
To do so, please contact our Research Team.
help.
If you decide to permanently delete your account, the classified Personal Data we have associated with your account will also be deleted.
1.
3 Updates, Changes, and Limitations to the Services
Our services are constantly developing.
As new products, services and features are launched, we must be able to flexibly make changes, impose restrictions, and sometimes suspend or withdraw certain Services.
The services may not function properly if you do not install the updates we have made to them.
The Services are subject to frequent changes, and their form and functionality may change without prior notice.
We may provide updates (including automatic updates) to certain Services as and when we deem appropriate.
This may include improvements, modifications, bugfixes, patches and any other fixes or the introduction of new features (collectively, "Updates").
Some parts of our Services may not function properly if you do not install all Updates.
You acknowledge and agree that the Service may not function properly if you do not allow such Updates, and you expressly consent to automatic Updates.
In addition, you agree that the Terms (and any additional changes to them) will also apply to all Updates to our Services.
We may make changes to, suspend, or stop offering one or all of the Services at any time.
This may also apply to the availability of any products, features, databases or Content.
In addition, we are under no obligation to make any Updates or continue to offer certain features on any of the Services.
We may also, without notice and without obligation, impose restrictions on certain Services or limit your access to some or all of the Services.
1.
4 Monitoring and suspension of the Services
We reserve the right to refuse to make the Services available to anyone and to monitor, withdraw or suspend your user account or access to the Services at any time.
We reserve the right to monitor - but have no obligation to do so - all accounts or activities that are related to the Services in any way (including inviting other users to a community or group), and to monitor how users use Personal Data and profiles of other users and how they access this information.
We may also deactivate, suspend or terminate your user account or your access to certain Services at any time: (1) if we determine, in our sole discretion, that there is or has been a direct or indirect breach of these Terms (as highlighted in our Guidelines on user community), (2) if we determine, in our sole discretion, that a legal risk has arisen or may arise for Under Armor, the public or any third party or user of the Services, (3) in response to a request from law enforcement or other government agencies , (4) in the event of termination of performance or significant changes to one of the Services, or (5) in the event of unexpected difficulties and technical problems.
We will do our best to notify you by e-mail or the next time you access your account about its deactivation, suspension or closure.
1.
5 Security
If you believe that your account has been hacked or compromised, please inform us immediately.
The safety of our users is very important to us.
While we make every effort to protect the security of your Personal Data, User Contributed Content, and user accounts, we cannot guarantee that unauthorized third parties will not be able to overcome our security measures.
Please notify our Sales Team as soon as possible.
assistance with actual or suspected security breaches or unauthorized attempts to access or use your account.
account.
2.
Ownership of Content and Their Use
2.
1 Definitions
Content is anything that is displayed on your screen when you use our Services.
User Contributed Content is User and other User Generated Content and UA Content is all other Content.
For the purposes of these Regulations (i) "Content" means any form of information or creative expression that may be generated, posted or otherwise made available on or through the Services, and includes, in particular, video and audio materials, photos, images, illustrations , animations, tools, text, ideas, messages, replies, "likes", comments, software, scripts, executables, graphics, maps, routes, geographic data, training and training data, biometric data and element data based on them , training plans, sleep information, notes, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos and other similar assets, patents, sounds, applications and any intellectual property that is part of them ; (ii) * "User Contributed Content" means any Content submitted, transmitted or otherwise made available to or through the Services; and (iii) "UA Content" means any Content that is not User Contributed Content.
2.
2 Ownership
The Content you create is your property, and the Content we create is our property.
All UA Content and all copyrights, trademarks, design rights, patents and all other intellectual property rights (registered and unregistered) relating to the Services belong to Under Armor or its partners or relevant third parties.
Each user retains ownership, liability, and / or other appropriate rights in the User Contributed Content he has created but grants Under Armor a license to that User Contributed Content as explained in Section 2 below.
5.
Under Armor and / or its partners or third parties retain ownership, liability and / or other applicable rights in any UA Content.
Nothing grants you the right or license to use any UA Content, including content owned or controlled by our partners or other third parties, except as expressly provided in these Terms.
You agree not to reproduce, publish, display, distribute, modify, or create derivative works from any material displayed on the Services, unless specifically authorized in writing by Under Armor.
2.
3 License We Grant You
You may access and use UA Content and services.
We strive to provide our users with a great experience, so please respect our intellectual property rights and only use the UA Services and Content for their intended purpose.
This also includes not using UA's Content or Services for commercial purposes without our consent.
We have application programming interfaces (APIs) and other tools that you can use to create your own applications and products.
Please contact us for more details.
Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and grant you such a license to access and use the UA Services and Content for your own personal and non-commercial purposes, provided that you will not You copy, modify, create derivative works, reverse engineer, sell, allocate, sub-license, grant rights to the security object, transfer or otherwise exploit any right to UA's Content or Services.
2.
4 Acceptable Use Guidelines
– 2.
4.
1 UA Content.
You agree not to modify, rent, lend, rent, sell or distribute any software contained in the Services or any UA Content offered on the Services (other than User Contributed Content), in whole or in part, or not to create derivative works from the Services, software included with the Services, or any UA Content offered on the Services, except as expressly permitted by applicable law or permitted by Under Armor.
You may not download, copy or save UA Content, unless (i) it is expressly permitted by the functionality of certain Services (e.g.
Printable Maps) under the specific guidelines or additional terms applicable to these Services, or where (ii) they will be used for personal or documentation purposes only.
– 2.
4.
2 Commercial Use of the Services.
Except for some products and services provided through Under Armor-branded websites and some widgets provided as tools to website owners (collectively, "Commercial Tools"), the Services are for personal, non-commercial use only.
You may not use the Services (other than certain Commercial Tools) for the purpose of selling products or services, increasing the number of views of your website or third party's website for commercial purposes such as selling advertising, or for any other income-generating activity.
For example,
change the format and display search results on the Services, or copy our home pages or results pages and post them on your website.
You may also not search our Services using meta search engines.
In order to use the Services for commercial purposes other than by using Commercial Tools, you must first enter into an agreement with us in this regard.
For more information on commercial tools, see our Developer Portal.
By using the Commercial Tools, you acknowledge and agree to the Terms and Conditions and any other additional provisions applicable to these selected Services.
– 2.
4.
3 Linking to the Services.
If you wish to link to our Services on your website or application, please follow the rules below: (i) any link to the Services must be in a text-only format, clearly marked "Under Armor" (without the use of any other trademarks, logos, rights or copyright or any other intellectual property owned or controlled by Under Armor) or any other format required by Under Armor; (ii) the appearance, location or other features of the link should not prejudice or diminish the corporate value of our brands; (iii) the link name must point to the Services root domain name, not to the names of other parties on the Services; (iv) the appearance, location and other characteristics of the link must not create the appearance that your business or entity is funded by, affiliated with, or associated with Under Armor; (v) when the link is clicked, it must display the Services in full screen, not in the window on the website or service to which the link is provided, and (vi) Under Armor reserves the right to withdraw its consent to linking at any time and in accordance with at your discretion, and you agree to immediately remove the relevant link upon notification of withdrawal of such consent.
2.
5 The license you grant us
If you post Content related to the Services, that content is yours; however, you give us permission to use this Content in connection with our Services and to make that Content available to others.
We may edit or remove your Content from our Services at any time and for any reason.
Do not post any content that is not yours or that you do not have permission to publish.
When you submit User Contributed Content to Under Armor through the Services, you grant Under Armor and our users a non-exclusive, irrevocable, free, assignable and sub-licensable worldwide law and grant such license to use, host, storing, caching, duplicating, publishing, displaying (publicly or otherwise), reproducing (publicly or otherwise), disseminating, transmitting, modifying, adapting (including, in particular, to adapt them to the requirements of any network, devices, services or media through which the Services are made available), commercialize, create derivative works and otherwise use such User-posted Content in connection with any Services.
You acknowledge and agree that: (a) we have the right to determine where User Content is displayed in our sole discretion; (b) Under Armor is under no obligation to mark you as the person posting this content in any way, but if Under Armor decides to label you, we decide at our discretion on the size and location of such a tag and © you are not entitled to receive any remuneration from us. or any other form of payment in connection with the use of User Contributed Content.
The rights granted in this license are intended to enable Under Armor to operate and allow other users to use the Services in accordance with their functionality, improve the Services and create new ones.
Notwithstanding the foregoing, we will not use User Contributed Content in a manner inconsistent with the privacy settings you set up on our Services.
Information on managing privacy settings on our Services can be found in the Privacy Policy.
We reserve the right to monitor, remove and modify User Content for any reason and at any time; this also applies to User Contributed Content that we believe violates these Terms, the Community Guidelines, or our policies.
You agree to respect the intellectual property rights of others.
You represent and warrant that you have all necessary rights to grant Under Armor this license to all User Contributed Content that you submit in connection with the Services, and you hold us free from any breach of this statement and warranty.
2.
6 Recommendations
If you share personal information about other people with us, you must first obtain their consent.
We hope you enjoy our Services and encourage you to tell your friends about it.
If you choose to use our Services to tell a friend about our offer, we will ask you to provide us with your friend's email address or social media profile.
We will then be able to use this information to inform that person about our Services.
We may retain 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 entitled to provide any third party contact information that you provide to us as a recommendation, and you hold us free from any breach of this statement and warranty.
2.
7 Content Storage
Please note that after you make something publicly available on the Internet, it becomes virtually impossible to delete all copies of that item in the future.
After you delete your account or remove any User Contributed Content from our Services, we may retain your User Contributed Content for a commercially reasonable period of time, for backup, archival or audit purposes, and if otherwise required or permitted by law. .
In addition, Under Armor and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, reproduce and distribute any of your User Contributed Content that is otherwise stored or made available through the Services.
Accordingly, please note that the license for your User Contributed Content will remain in effect even if you stop using the Services.
Other users can comment on your publicly shared posts, making your Content part of a community-wide conversation.
For more information, please read our Privacy Policy.
2.
8 User Contributed Content and Eligibility for Membership in Certain Sports Organizations
What happens on the Internet can have real-world consequences.
Some sports organizations have amateur policies and eligibility criteria, which may also apply to the sharing of User Contributed Content on our Services, even if you believe it is non-commercial.
It is your responsibility to determine whether the provision of such content on our Services will affect your eligibility for participation in any field of sport, in accordance with any applicable rules of any sports organization.
2.
9 Your feedback
We appreciate your feedback and often use your suggestions to improve Under Armor and support users all over the world.
Thank you and we look forward to seeing more ideas!
If you choose to send us a comment, your ideas or feedback, please do so through our idea submission website.
Please be advised that you consent to any use of these ideas by us without any restriction or payment of remuneration to you.
By accepting the ideas you submit, Under Armor does not waive any rights to use similar or related feedback from Under Armor previously known, developed by our employees or obtained from sources other than you.
You certify and warrant that information or feedback sent through the Services is not confidential or proprietary information.
3.
User Community Guidelines
3.
1 Areas of interaction
Our Services often include social features.
When you post content using these features, that content may become publicly available.
We may, although we do not always do so, monitor our social features, so ultimately you are responsible for your interactions with other users.
Please use your common sense and act with integrity.
Some of our Services may contain reviews, message boards, conversation pages, blogs, or other areas of interaction or social features that allow you and other users to share and interact with User Content ("Areas of Interaction").
You are solely responsible for your use of the Interaction Areas and any User Contributed Content that you provide, including the transmission, accuracy and completeness of any User Contributed Content.
You acknowledge that, as Areas of Interaction are often publicly available, User Content may also become and remain publicly available.
Therefore, you should not put any personal data in the area of ​​interaction.
We have the right, but are under no obligation, to monitor our social features.
You are solely responsible for your interactions with other users, both online and in personal contacts; this is especially true for comments, challenges and friendly competition.
We are not responsible for any loss or damage arising from interactions with other users of the Services, people they meet through the Services, or people who find you through or through Content posted on the Services.
Under Armor is under no obligation to be involved and excludes all liability in connection with any dispute between users, and you indemnify Under Armor from any liability arising out of or in connection with such dispute.
3.
2 User Community Guidelines
Our Services are designed to be a safe and supportive environment to help you achieve your fitness and wellness goals.
You may not use our Services to post inappropriate material, harass others, send spam, infringe intellectual property rights, or otherwise behave inappropriately.
Be judicious and act responsibly.
Our Services are designed to create a safe and supportive community for all users.
In order to maintain a safe and positive atmosphere in this environment, we require everyone to accept and follow certain rules (the "User Community Guidelines") in User Content and when using the Services.
Our Community guidelines are in many cases based on the principles of applicable law.
Violation of our Community guidelines may expose you to criminal charges and civil liability.
By using the Services, you acknowledge that your User Content and use of the Services, including, without limitation, the Areas of Interaction, will not violate the User Community Guidelines.
We reserve the right to terminate your access to the Services in the event of a breach of the User Community Guidelines.
No Posting of Inappropriate Content.
Do not post Content that is stalking, intimidating, painful, harassing, offensive or embarrassing to other members of the community.
You may not make derogatory remarks about gender, gender identity, age, weight or build, disability, ethnicity, religion or sexual orientation, or advocate violence against any person or group of people, even in a humorous tone.
This includes stereotypical statements about any group of people or community.
You may not post any Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or sexually explicit.
You may respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them.
If you are attacked by another user and you respond, you may suffer the same consequences.
Prohibition of such activities as "hijacking" (littering threads with off-topic statements), trolling or "flame-baiting" (provoking internet quarrels).
If you participate in our forums, please stick to the topic in the existing threads, and post new threads in the appropriate forums.
Reducing the flow of conversation in a given thread to issues not related to the topic is considered to be a "hijacking" activity.
This includes entries that provoke or are intended to incite.
Prohibition of promoting unsafe weight loss techniques or eating disorders.
You may not use the Services to promote, idealize, or achieve a dangerously low amount of food you eat.
Therefore, please do not post the following types of Content that may be removed without prior warning:
Content designed to promote potentially unsafe or controversial weight loss products or methods, including supplements not prescribed by a doctor or distributed as part of multi-level marketing.
Profiles, groups, messages, posts or comments on boards that promote anorexia, bulimia, or very low calorie diets.
This includes positive comments about anorexia and bulimia, bowel cleansing, and starvation.
Photos designed to idealize extreme thinness.
Prohibition of harming minors.
You may not use the Services in any way that could harm minors (or anyone else).
No Disruption, Use or Abuse of Resources.
You should not affect or disrupt the operation of the Services, including, without limitation, through unauthorized use, disruption, automated attacks, use or abuse of resources.
No spam or junk mail.
It is not allowed to send spam messages in posts, replies or other messages.
Prohibition of posting illegal content.
You must not endorse, promote, or contribute to any illegal or illegal activity (e.g.
violence, impersonation and computer misuse).
Prohibition of solicitation for disclosure of Personal Data.
Please do not post or request Personal Data relating to or obtained from third parties, including photos, phone numbers, addresses, names, e-mail addresses or passwords in the Interaction Areas.
No public sharing of private conversations.
You may not publicly share email or private messages from other users, moderators, or administrators.
No breach of legal obligations.
You may not post Content that violates any contractual or other legal obligations to third parties.
No deceptive or false links are allowed.
You must not post any deceptive or false links.
This includes links with misleading descriptions, inserting incorrect "source" fields in posts, setting up misleading redirect links in images, and inserting links to interstitial or pop-up ads.
No infringement of intellectual property rights.
The intellectual property of others should be respected.
Please do not post proprietary works or likenesses of other people without permission to use them (under license or under legal exceptions and limitations such as fair use).
In particular, if you have reason to believe that User Contributed Content on our Services infringes your intellectual property rights or the intellectual property rights of others, please see the Intellectual Property Rights / DMCA section of our Terms and Conditions.
Do not pretend to be Under Armor or other entities.
You may not post Content that may confuse someone, be used to impersonate someone or misrepresent your identity or affiliation with others, including Under Armor.
Creating an account to defraud other users or to circumvent the suspension is not allowed and will be grounds for a permanent ban on use of the Services.
Prohibition of automatic sending of questions.
You should not send any automated inquiries to any systems or networks through which we provide our Services without our express written consent.
Other.
You may not post Content that contains anything that Under Armor believes is inappropriate, prevents others from using the Services, or may expose Under Armor or our users to any harm or legal ramifications.
You may not post content that may damage or diminish the value associated with the Under Armor brand or our trademarks.
If we find that you are in breach of the User Community Guidelines or have otherwise breached these Terms, we may take action to resolve the issue, including, but not limited to, revoking your right to use the Services, removing User Content, and taking action against you. legal (in this case, you consent to us obtaining reimbursement of reasonable costs and legal fees) or disclosure of information to law enforcement authorities.
We reserve the right to enforce or not enforce these User Community Guidelines in our sole and absolute discretion, without requiring or contractually obliging us to act in any particular way.
3.
3 Reporting Inappropriate User Content
People post inappropriate content on user-generated websites.
While we are committed to keeping our community safe and protected (we are assisted by users who respect the User Community Guidelines), you may still encounter inappropriate content before we can remove it.
If you notice any inappropriate content, please let us know.
While we require our users to comply with the User Community Guidelines and reserve the right to monitor violations, ultimately we cannot guarantee that all users will always comply with these Guidelines or these Terms.
If you believe that Content posted on our Services violates our User Community Guidelines, or you know or suspect that someone is using your User Content in an inappropriate manner, please report it to the User Community Guidelines.
help.
We have the right, but not the obligation, to review and take action or remove any User Contributed Content that you report.
You understand and acknowledge that upon accessing or any use of the Service, you may be exposed to User Contributed Content from a variety of sources and we are not responsible for the accuracy, suitability, security, legality, correctness or intellectual property rights related to such User Contributed Content.
We are not responsible or liable for any harm or harm caused to you in relation to inappropriate User Contributed Content or any other failure by users to comply with our User Community Guidelines.
4.
Intellectual Property / DMCA
We respect intellectual property rights.
If any violation is suspected, please send an email with all details to ConnectedFitnessIP@ua.com
If you believe User Content or UA Content infringes any copyright or trademark law under the laws of the US or other countries, please notify us immediately using the contact information provided in this document.
It is our policy to analyze all alleged violations reported to us.
In the notification of the suspected violation, please provide the following information:
- identification of the material that is the subject of the infringement;
- identification of the infringing material, including its location, with relevant details so that it can be traced and checked for existence;
- contact information of the notifying party (hereinafter referred to as 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 material is not authorized by the owner, its agent, or the law;
- a statement (made under penalty of perjury) that the information provided in the notification is correct and that the notifying Party is authorized to file a complaint on behalf of the owner;
- a manual or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed material.
Your notification must be signed (either manually or electronically) and addressed as follows:
Agent ds.
copyright
for Under Armor, Inc.
1020 Hull Street
Baltimore, MD 21230
ConnectedFitnessIP@ua.com
You acknowledge that your notification will not be valid unless you comply with all of the requirements set out in this section.
Certain information provided in the infringement notice may be passed on to the user who posted the allegedly infringing content.
In the US, DMCA Section 512 (f) may require anyone who knowingly makes a false statement that the material or activity is in violation may be held liable.
Please see www.copyright.gov for more information on how to prepare or respond to a DMCA notice and / or www.uspto.gov/trademark for more information on trademark law.
5.
Third Party Links and Services
Our services may link to or be available on third party services or products, such as social media and third party devices.
When accessing the services of external entities, you should be aware that when using such services, other regulations and privacy policies apply.
5.
1 Social networks and logins:
You can allow or log in to the Services through third party internet services such as social media and social networks such as
Facebook or Twitter (hereinafter referred to as "Social Networks").
We may ask you to confirm your identity, register or log in to Social Networking Services on the websites of their respective operators in order to use these features and capabilities.
As part of the aforementioned integration, Social Networks will allow us to access specific information that you have provided to them, and we will use this type of information, store it and disclose it in accordance with our Privacy Policy.
Please note that the manner in which Third Party Services, including Social Networking Sites, use, store and disclose information about you is governed solely by the policies of those third parties, and that we are not responsible for the privacy practices or other activities of any site. a website or a service of external entities that may be activated as part of the provision of the Services.
In addition, we are not responsible for the correctness, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with the Social Networking Services.
Therefore, we are not responsible for any damage or loss caused or purportedly caused by, or in connection with your use or operation of any such Social Networking Services.
5.
2 Third Party Applications
You may access certain links, applications, content, services, promotions, special offers or other third party events or activities ("Third Party Applications") through our Services.
If you choose to access these third party Applications, you may be asked to log in and synchronize your account with those applications.
You are under no obligation to use any Third Party Applications, your access to and use of such applications is at your sole risk and we shall not be liable in any way.
We are also not responsible for the correctness, availability or reliability of any information, content, goods, data, opinions, advice or statements made available through any Third Party Apps.
Therefore, we are not responsible for any damage or loss caused or purportedly caused by, or in connection with the use or operation of any such Third Party Applications.
5.
3 Third Party Products
Our Services may be accessed from third party devices or other products ("Third Party Products"), and your ability to use certain features on the Services may require you to purchase third party Products (e.g.
fitness meters).
We may recommend, promote, or market the products of certain partners, but we are not responsible for the purchase or use of any Third Party Products and we do not warrant that Third Party Products will be compatible with the Services or be error free.
We hereby are not responsible for all Third Party Products, including any 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").
Among other things, you can use the Under Armor We Will website to access information and register to participate in third party volunteering activities.
Third Party Activities are offered and provided by Third Parties and not Under Armor.
Your presence and participation in Third Party Activities is solely at your own risk.
Under Armor will not be liable for any act, error or omission of any Third Party, including but not limited to if they are the result of or in any way related to the participant's presence in any Third Party Activities that the Athlete has discovered, booked or for which he or she has discovered, registered via the Services, using or participating in them, or if they result from the performance or failure by a Third Party to provide the Services.
Under Armor is not a representative of any organizer of Third Party Activities.
6.
Mobile services
We try to make our applications available on multiple platforms, but we cannot guarantee that our applications will be compatible with your devices (however, if you have any questions or problems, please notify our Customer Service department - we are here to help).
If you use the app, your standard data and text messaging rates and the policies of the store from which you download the app will apply.
6.
1 Provisions regarding the wireless operator and devices
You need a compatible device to use or access our apps.
We cannot guarantee that the applications will be compatible with or accessed through your device.
We do not charge for the use of certain basic applications; however, you may have to pay fees to use the app or premium features.
In addition, your telephone operator's standard rates for text messaging, data and other services will continue to apply.
6.
2 Express consent to the use of text and mobile messages
By downloading or using our applications, you expressly consent to communication with you regarding transactions initiated by you on the Services, or to responding to your messages sent through the Services in the form of SMS, MMS, text messages or other electronic means of communication directed at Your device and to automatically provide us with information on your use of the application via your device.
We will not send you direct marketing messages without your prior express written consent.
You can unsubscribe from receiving any marketing messages from us at any time.
6.
3 Mobile Application Licenses
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from an authorized store in an object file format only and for your own personal use for lawful purposes.
Any open source code or third party code that may be contained in applications is subject to the applicable open source licenses or third party EULAs, if applicable.
6.
4 App stores
If you download our applications from a third party's application store (hereinafter referred to as "Application Provider"), you acknowledge and agree to the following objections:
- These Terms and Conditions constitute an agreement between us and you and not an agreement with the Application Provider.
In dealing between Under Armor and an Application Provider, Under Armor is solely responsible for its applications;
- The application provider is not obliged to provide any maintenance or support services in relation to the Under Armor application;
- If the Under Armor application fails to comply with any applicable warranty (i) the Application Provider may be notified and the Application Provider may reimburse you for the purchase of the application (if applicable), (ii) to the maximum extent permitted by the applicable law of the Application Provider, it will not be bind no other warranty obligation with respect to the application; and (iii) for any other claims, losses, liabilities, damages, costs or expenses related to any failure by the application to comply with the warranty liability as agreed between Under Armor and The application provider will be the responsibility of Under Armor;
- The App Provider has no obligation to consider any claims that you may have in relation to the Apps or your possession and use of the App;
- If a third party determines that an application infringes another party's intellectual property rights, Under Armor will investigate, defend, settle and be responsible for the performance of any obligations under any such claims to the extent required under these Regulations;
- The application provider and its subsidiaries are third party beneficiaries of these Terms and Conditions for your application license.
After agreeing to the content of these Regulations, the Application Provider will have the right (and it is deemed to have accepted this right) to enforce these Regulations in relation to the application license granted to you against you as a non-contracting beneficiary; and
- You must also comply with all applicable third party terms and conditions regarding use of the app.
7.
Paid services
If you choose to subscribe to any of our enhanced fee-based services, our payment and billing provisions will apply.
Paid services and related billing may automatically renew unless canceled by you.
You can cancel it at any time.
7.
1 Payment Terms
We offer certain premium versions of the Services (hereinafter "Premium Services") for free.
By registering and using Premium Services, you agree to be bound by our Terms and Conditions and any additional terms set out herein.
You also agree to waive your 14-day right of withdrawal upon subscribing to Premium Services to the maximum extent permitted by applicable law, so that you can immediately access them.
Premium services enable access to certain extended products, services, functions and functionalities (e.g.
premium graphs and analysis, ad-free browsing).
By registering for and using any Premium Services, including using Premium Services for a free trial period, you agree to pay any fees or other payments due for Premium Services (such as subscription fees).
When you sign up for Premium Services, you must determine your preferred payment method ("Payment Method") and provide information about it.
This information must be complete and correct.
You are responsible for keeping them updated.
You expressly authorize us to charge via automatic debit or ACH of your chosen Payment Method the applicable fees for Premium Services and purchases made through the Services.
You can choose whether you want to pay for Premium Services once a month or once a year.
Unless otherwise agreed, all payments due for Premium Services are payable in advance and will, where applicable, be automatically credited to your Payment Methods account at the beginning of the monthly or annual period of validity of the Premium Services.
Unless otherwise agreed, your subscription to Premium Services will automatically renew until you cancel your access to Premium Services.
All purchased Premium Services are final and amounts paid are non-refundable unless in our sole discretion and in accordance with the rules applicable to each Premium Service.
7.
2 Cancellation or Cancellation of Premium Services
If you fail to pay the payment or fees payable for your use of the Premium Services, we may take reasonable steps to notify you and resolve the matter, however we reserve the right to prevent or terminate your access to the Premium Services (and we may do so without notifications).
Premium services can be canceled at any time.
Additional information on how to cancel can be found here.
Once the Premium Service has been canceled and confirmation has been received, no other changes can be made to the account.
Cancellation of the Premium Service will take effect at the end of the current billing period, and your access to the Premium Service will remain the same for the remainder of that billing period.
For example, if you are billed monthly and you cancel a Service during that month, you will be billed for the entire month and you will have access to the Premium Service until the end of that month.
In the event of cancellation or cancellation of Premium Services, we will not refund any amounts paid.
If you no longer wish to subscribe to the Premium Service, it is your responsibility to cancel the Premium Service in due time, regardless of whether you are actively using the Premium Service or not.
7.
3 Changes in the amount of fees
To the maximum extent permitted by applicable law, we may change the prices of Premium Services at any time.
We will notify you in good time of any price changes by posting the new prices on the relevant Premium Service, communicating through it, or by sending you an e-mail notification.
If you do not wish to pay the new prices, you may cancel the relevant Premium Service before the price change takes effect.
7.
4 Discounts, Coupons or Gift Codes
If you have received a discount, coupon or gift code for a Premium Service, in addition to the code-specific terms and conditions, the following terms and conditions apply.
To use a discount or redeem a coupon, log in to the relevant Service and enter the appropriate code to take advantage of the appropriate promotion.
Any discounts, coupons, and gift codes apply only to registration for the Premium Service and to accounts that do not yet subscribe to Premium Services.
Discount codes, coupons and gift codes cannot be combined with any other promotional prices, sales, promotions or coupons and cannot be exchanged, refunded, exchanged or settled against cash or billing payments.
To settle the discount or coupon code, it may be required to indicate a payment method.
It is your responsibility to use a discount, coupon or gift code before it expires; Expired codes will not be refunded and the coupons themselves will not be renewed.
It is also your responsibility to cancel your Premium Service before the end of the free or discounted period if you do not wish to use the Premium Service at the normal price.
The terms and conditions applicable to individual discounts, coupons or gift codes may include additional restrictions on their use, including, without limitation, the type of plan, the duration of the free Premium Service or Discount Premium Service, the validity period of the coupons or the quantities purchased.
Under Armor reserves the right to cancel any discounts and promotional coupons at any time.
7.
5 Free trial period
We sometimes offer free trials of our Premium Services or make other promotional offers (hereinafter "Free Trial").
A free trial period gives you access to the Premium Services for a certain period of time.
Detailed information can be obtained during promotional registration.
To sign up for the Free Trial, you may need to provide information about your preferred payment method.
After you provide your payment information, your Free Trial will begin.
No fees will be charged until the end of the Free Trial Period.
If you do not cancel the Service before the end of the Free Trial Period, or unless otherwise stated, your access to the Premium Service will be automatically extended and you will be charged the applicable payment for that Premium Service using the selected payment method.
All fees payable are final and non-refundable, unless in our sole discretion and in accordance with the rules applicable to each Premium Service.
We may send you a reminder that the Free Trial is upcoming, but we do not guarantee that such notifications will be sent.
If, after the end of the Free Trial Period, you decide that you do not want to become a paying user for the Premium Service, you must yourself track the end of the Free Trial Period.
If you decide that you do not want to become a paying user for the Premium Service, you must cancel your subscription before the end of the Free Trial Period.
Depending on the Premium Service used, you may lose access to it immediately after cancellation or after the end of the Free Trial Period.
After canceling the Free Trial Period and receiving confirmation, you may not resume the Free Trial, even if it has not been used for the entire duration of the offer.
Premium Services features and content are subject to change at any time, and we cannot guarantee that individual features and content will be available for the duration of the Free Trial period.
The rates after the end of the Free Trial Period will be the same as the rates for registering for the Free Trial, unless we notify you of a change to them.
We reserve the right to modify or terminate any Free Trial offer, access to Premium Services during the Free Trial period, as well as modify or cancel any provision herein at our sole discretion, without notice and without incurring any liability.
It is not possible to register for more than one Free Trial period of a given Premium Service at the same time.
We reserve the right to restrict your use of several Free Trial Periods.
8.
Shopping and e-commerce
Additional e-commerce terms and conditions may apply to Under Armor Stores.
These regulations are below.
At or near points of purchase, we endeavor to provide information on refunds, exchanges, product renewals, taxation, shipping and related policies.
If you have any questions about Under Armor Stores, please contact our Armor Team.
help.
Please read these rules before purchasing from Under Armor Stores.
9.
Physical activity and nutritional counseling
It is important to us that users are healthy and at the same time achieve their fitness goals.
Please act responsibly and use your own judgment and common sense.
We provide our Services for informational purposes only.
We are not responsible if you are injured or if something goes wrong.
In particular, it is important to note that while most of the content posted by other users in our community is helpful, it comes from strangers on the Internet and should never override common sense or the advice of a healthcare professional.
9.
1 Safety first
Under Armor cares about your safety.
Before using our Services in connection with any physical activity or fitness and fitness programs, or dietary programs or advice, you should consult your physician and consider the associated risks.
By using our Services, you consent, represent and warrant that you have obtained consent from your physician to participate in fitness and fitness programs, training, exercise and any related activities made available to you in connection with the Services, and that you have consulted with your doctor before making any dietary changes based on information available through the Services.
Everyone has a different condition and different possibilities.
You participate in activities promoted by our Services at your own risk.
If you choose to participate in these activities, you do so of your own free will and initiative, knowingly and voluntarily assuming all the risks associated with such activities.
Activities promoted on the Services may pose a risk even to healthy people.
You understand and agree that we will not conduct any physical inspections, oversight, or engage in the preparation, execution or performance of any activities related to the Services, accessed or discovered by the Services (e.g.
We are not responsible for, and are not responsible for, branded, official, community-created challenges, training routes, friendly competitions and the like, one-man and group training activities, any Third Party Activities and other events or activities that use our Services).
Maps, directions and other GPS or navigation data, including data relating to your current location, may not be available, accurate or complete.
We encourage you to put safety first, to follow applicable traffic regulations, not to change device settings while in motion or in an unsafe area, to stay alert and to assess your surroundings while exercising.
You expressly consent to the sports activities that may lead to User-Posted Content that you post or plan to post on the Services or through the Services (e.g.
running, walking, cycling, hiking) and certain Third Party Activities carry some inherent and significant risks of property damage, personal injury or death, and you voluntarily take all known and unknown risks with these activities, even if they are caused by in part or in whole by the act, inaction or omission on the part of Under Armor or the act, inaction or omission on the part of others.
Unless otherwise provided in these Terms and Conditions and to the maximum extent permitted by applicable law, we shall not be liable, directly or indirectly, for any injuries or damages caused by your physical activity or use or inability to use any Services or features of the Services, including Content or activities that you have access to or learn about through our Services (e.g.
actions of third parties, such as yoga classes), even if they are caused in part or in whole by the action, inaction or omission on the part of Under Armor or by others.
You hereby declare that you understand that, to the maximum extent permitted by law, we shall not be liable in any way for any Third Party Activities or for any racing, competition, activity, sporting activity or sporting event in which our Services are used that are promoted for through them or that can be accessed through the Services.
9.
2 Disclaimer regarding the accuracy and reliability of the content
We make no representations or representations about the accuracy, reliability, completeness or timeliness of any Content available through our Services, and we make no commitment to update such Content.
In addition, User Content, including advice, statements or other information relating specifically to food products, nutrition, nutritional advice, exercise and training, sports activities and entries in exercise databases, is not created by Under Armor and should not be rely on them without independent verification.
User-posted, publicly shared, or privately posted Content is the sole responsibility of the originating user.
All information is provided without any representations, warranties or conditions as to its accuracy or reliability ("as is").
Not all users who can identify themselves as professional trainers or licensed nutritionists are licensed in all applicable jurisdictions.
Under Armor does not and does not assume any obligation to verify that users who identify themselves as licensed trainers or nutritionists are actually licensed.
If you identify yourself as a licensed trainer or nutritionist, you represent and warrant that you are entitled to provide services in the relevant jurisdiction.
Users should also note that even if a user is a licensed trainer in one jurisdiction, this does not mean that that user is licensed in a jurisdiction where the trainer's advice is used by other users.
Consequently, the use of any advice from other users is at your own risk.
To the extent permitted by applicable law, Under Armor will in no event accept liability for any loss or damage arising from reliance on information or advice provided by any user of our Services.
9.
3 Non-medical advice
It is our intention to provide general advice to our community.
We do not provide professional medical advice.
The services are not medical devices and the data provided through them is not intended to be used for medical purposes or to identify, treat, cure, or prevent diseases, ailments or injuries.
You represent that you understand that we do not provide medical advice through the Services to the maximum extent permitted by law.
All Content provided through the Services, whether by us or by other users or third parties (even if those people claim to be doctors!),
they are not and should not be used in place of (a) the advice of a physician or other medical specialist, (b) visiting, talking or consulting with a physician or other medical specialist, or © information contained on / in any packaging or labeling of the product.
To the extent permitted by applicable law, we are not responsible for any health problems arising from exercise based on exercise programs, dietary advice, use of advice or products, or participation in events that you learn about through the Services.
If you have any questions about a health issue, please contact your doctor or other healthcare professional immediately.
In the event of an accident, call your doctor or local emergency number immediately.
Your use of the Services does not constitute or establish a doctor-patient, therapist-patient relationship, or any other type of health care professional relationship between you and Under Armor.
9.
4 Success Stories - Unusual
Success stories posted by users or Under Armor on our Services may not reflect the typical or even accurate results obtained from any particular exercise or diet.
To the extent permitted by applicable law, Under Armor has no, and does not assume, any obligation or responsibility regarding the accuracy, reliability or effectiveness of any physical activity or nutritional recommendations contained in users' success stories.
9.
5 Accuracy
The services are intended to provide information that will encourage you to be active in keeping in shape and staying fit.
Some of the Services are used to track body movements and monitor sleep ("Activity Tracking Services").
Activity Tracking Services relies on the use of sensors or GPS features that track your movements or monitor your body at rest.
The data and information collected by Activity Tracking Services is intended to reflect your activity but may not be entirely accurate, including
for steps taken, sleep, speed, distance, or calories consumed.
By using the activity tracking services, you acknowledge and agree that Under Armor is not responsible for any inaccuracies in relation to such data.
Applicable to New Jersey or Netherlands residents:
Notwithstanding anything else in these Terms and Conditions, nothing in these Terms and Conditions shall limit or exclude our liability for loss or damage caused by fraud, recklessness, gross negligence or willful misconduct by Under Armor.
10.
Amendments to the provisions of the Regulations and Regulations regarding specific products
As Under Armor is constantly evolving and improving, it is likely that we will need to amend or add additional product specific terms to these Terms and Conditions.
10.
1 Updates to these Regulations
Under Armor reserves the right to amend these Terms by (i) posting a revised version of the Terms on or through the Services, or by (ii) informing you in advance of material changes to the Terms, generally - where possible - via e-mail messages, and in other cases through the Services (e.g.
by posting a message on the home page of Under Armor's websites or in our apps).
The changes will not be retroactive, unless required by law.
Sometimes we may ask you to read the amended version of the Regulations and to agree to the provisions contained therein, or to reject them.
In such situations, the changes will become effective upon your consent to the amended version of the Regulations.
If you then do not consent, you will no longer be allowed to use the Services.
In situations where we do not ask you to expressly consent to the amended version of the Regulations, such version will become effective on the date specified in the Regulations.
The decision to open an account, access or use the Services (regardless of whether you have created an account or not) after that date means your acceptance of the amended terms of the Regulations.
If you do not consent to them, you will have to stop using the Services as you will no longer be allowed to do so.
10.
2 Terms and Conditions for Specific Products
We may also ask you to agree to additional terms, rules, policies, guidelines or other provisions (collectively, "Product-Specific Terms", which will apply to specific Services (for example, Commercial Tools).
In such cases, we will be able to ask you for your express consent to the provisions of the Terms and Conditions for specific products.
You can do this, for example, by checking a box or clicking on the button that says "I agree".
If any of the provisions of the Regulations for specific products will significantly differ from the provisions of the Regulations, then the Regulations for specific products will supplement, correct or replace the Regulations, but only in matters that are the subject of the Regulations for specific products.
11.
No warranty
With the exception of situations in which the law prohibits this, Under Armor does not grant any clear, implied, statutory or any other guarantees, statements or assurances, both in oral or in writing, including in particular any implied guarantees PURPOSE AND ASSURANCE OF NON-VIOLATION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS", "AS IS" AND WITH ALL THEIR DEFECTS.
Without prejudice to the foregoing, you acknowledge that you understand that, to the maximum extent permitted by law, we make no guarantees as to the quality, accuracy, timeliness, truthfulness, completeness, availability or reliability of any of the Services or Content.
To the maximum extent permitted by law, we make no warranty that (i) the Services will meet your expectations or provide certain results, (ii) the operation of the Services will be uninterrupted, free from viruses, bugs or other harmful factors, and that (iii) errors will be corrected .
Any oral or written advice given by us or our representatives does not constitute a guarantee of any kind.
To the maximum extent permitted by law, we also make no representations or warranties regarding the Content; especially as regards the Content posted by users, because such Content is the property of the people who publish it and only these people are responsible for it.
No advice or information, whether oral or written, obtained from other users or through the Services, shall constitute a warranty expressly granted.
You therefore hereby declare that you are aware that you use the Services at your own risk and that you bear all risks associated with your satisfaction with the quality, performance, accuracy and care, and that you expressly consent to this.
12.
Limitation of Liability
We strive to provide the best possible Services, but cannot promise 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 maximum extent permitted by law and under no circumstances (including without limitation in the event of negligence), Under Armor, its subsidiaries, partners or any wireless network operators shall not be liable to you or any third party for (a) indirect damages of any kind , accidental, special, resulting from reliance on the Services, of a criminal, retaliatory or resultant nature; (b) loss of profits, revenues, data, usability, goodwill or any other type of intangible loss; © damages relating to the access to, use of, or inability to access the Services; (d) damages resulting from the conduct of an external entity or user using the Services or from content posted by them, including in particular defamatory, offensive or illegal conduct or content; or (e) damages in any way related to Third Party Content, Third Party Products or Third Party Activities that can be accessed through the Services.
To the maximum extent permitted by law, these limitations apply to all claims, whether they are based on a warranty, contract, tort or any other legal basis, and whether or not Under Armor has been advised of the possibility of the occurrence of such damage, and later in a situation where the remedial measures specified in these Regulations do not meet their primary purpose.
To the maximum extent permitted by law, Under Armor's total liability for any claim under these Terms, including any implied warranties, is limited to the greater of $ 1,000 (one thousand US dollars) or the amount paid You, within the previous twelve months, to Under Armor for the use of the Services that the claim relates to.
In particular, to the extent permitted by law, we shall not be liable for any claims arising from (a) your use of the Services (including, in particular, your participation in any activities promoted through the Services or those that can be accessed through them ), (b) use, disclosure, display or storage of your Personal Information, © any other interactions with us or other users through the Services, even if we have been advised of the possibility of such damages or (d) any other Content, information, services or goods received through or advertised through the Services, or obtained through links posted on the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set prices for the Services based on the disclaimers, exemptions and limitations of liability set out in the Terms and that these disclaimers, exemptions and limitations of liability reflect a reasonable and fair allocation of risk. between you and us and that they constitute the necessary basis for a contract between you and us.
Without such reservations, indemnification and limitation of liability, we would not be able to provide you with the Services on an economically reasonable basis.
For California Residents: You waive your rights under Section 1542 of the California Civil Code which states that "the general exclusion does not extend to claims in favor of a creditor that the creditor does not know or suspect existed at the time of the exclusion, and which would have to significantly affect his settlement with the debtor, if he had known about them ”.
New Jersey residents: Notwithstanding anything else in these Terms and Conditions, nothing in these Terms and Conditions shall limit or exclude our liability for loss or damage caused by fraud, recklessness, gross negligence or willful misconduct by UA
13.
Indemnification
For residents of the United States and all countries other than France and Germany: To the maximum extent permitted by law, you agree to indemnify Under Armor, its subsidiaries, suppliers and other partners from any claim or request, including reasonable costs. accounting and legal contributions provided by third parties as a result of or based on (a) User Contributed Content that you access on the Services or that you provide through the Services; (b) your use of the Services; © Your sports activities related to the Services (including, in particular, sports activities related to any competitions, races, group activities, Third Party Activities or other events that we may sponsor, organize, participate in or use the Services in) ; (d) your relationship with the Services; (e) your breach of these Regulations; (f) any use or misuse by you of Personal Data of other users; (g) any breach by you of the rights of any other person or entity; or (h) your use of the Services to meet in person with another user or to find and travel anywhere in the world or event.
We reserve the right to defend ourselves and assume sole control, at your expense, for any matter where you are required to indemnify us under these Terms and you agree to cooperate in our defense against these claims.
For French or German residents: Notwithstanding the preceding paragraph, you agree to indemnify Under Armor, its subsidiaries, suppliers and other partners against any claim or request arising out of your negligent or intentional conduct, including reasonable accounting fees and attorney's fees , posted by third parties because of or in connection with (a) User Contributed Content that you access through the Services; (b) your breach of these Terms and Conditions, © your use or misuse of any user's personal data, (d) any breach by you of the rights of other persons or entities, or (e) your use of the Services to meet others in person you or to locate and participate in any offline location or event.
We reserve the right to defend ourselves and assume sole control, at your expense, for any matter where you are required to indemnify us under these Terms and you agree to cooperate in our defense against these claims.
For New Jersey residents: Notwithstanding anything else in these Terms and Conditions, nothing in these Terms and Conditions shall oblige you to indemnify us against claims arising from UA's own fraudulent, reckless, gross negligence or willful misconduct.
14.
Governing Law
For residents of the United States and all other non-members of the European Union: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland and applicable federal laws of the United States, without regard to its conflict of laws principles.
For residents of the European Union: These Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law rules.
15.
Disputes and Arbitration, Jurisdiction and Venue
To the maximum extent permitted by law, you and Under Armor agree that any dispute resolution proceedings will be conducted on an individual basis and not by class, class or representation.
Except where prohibited, you and I agree to submit to direct and exclusive arbitration under the rules of the American Arbitration Association with respect to disputes relating to your general use of the Services.
For more information on arbitration, please visit www.adr.org.
Any arbitration between you and us, to the extent necessary, will be held in Baltimore, Maryland, and you waive any jurisdictional objection in such event.
You agree not to bring any lawsuit or arbitration in accordance with any other local jurisdiction.
The arbitration proceedings will be conducted in English.
One independent and impartial arbitrator will be appointed in accordance with the rules of the American Arbitration Association.
Both you and we are committed to the following principles aimed at simplifying the dispute resolution process and reducing costs and burdens for all involved:
arbitration proceedings will be held by phone, via the Internet or based solely on the submitted written documentation, with the specific method chosen by the party initiating the arbitration proceedings;
the arbitration proceedings will not require any party or witness to appear in person, unless the parties mutually agree in writing; and
all arbitration awards may be submitted for approval to any court with appropriate jurisdiction.
Save in exceptional circumstances, the arbitrator will make his decision within 120 days from the date of his appointment.
The arbitrator may extend this period by an additional 30 days to ensure a fair award.
All arbitration proceedings will be confidential and confidential, and all documentation will be kept secret, except for the need to approve the arbitration award by a court.
The arbitrator's decision will be in writing and contain a statement setting out the reasons for the decisions made to resolve each claim.
You also acknowledge and acknowledge that in relation to any dispute with us arising out of or relating to your choice of account maintenance, access or use of the services:
you waive your right to a jury trial;
you waive your right to act as an attorney, private attorney in an action brought in the public interest (private attorney general) or on the basis of any other power of attorney and to participate as a plaintiff in class actions relating to such disputes; and
claims must be submitted within 1 (one) year from the moment of their cause; otherwise, they will become time-barred.
If these arbitration provisions are held to be null and void, any dispute between us arising under these Rules shall be governed by the courts in the State of Maryland and the federal courts located in Baltimore, and you and we hereby accept the jurisdiction and venue of those courts.
This Arbitration Agreement does not preclude States or Under Armor from seeking interim remedies for arbitration purposes, including, without limitation, injunctions, suspension orders, an arbitration order, or the approval of an arbitral award.
In addition, this Arbitration Agreement does not preclude the possibility of (i) submitting a request by States or Under Armor to a competent court to order an interim injunction, an initial prohibition of action, or the provision of interim relief if necessary, or (ii) an investigation. claims for infringement or potential infringement of Under Armor's intellectual property rights in any state or federal court.
In the event of any court or arbitration proceedings arising out of or related to these Regulations, the Services provided or related thereto, the party in favor of which the award was issued shall have the right to demand reimbursement of any reasonable costs from the other party, including personnel costs, court costs, costs legal and any other accompanying costs related to a given court or arbitration proceeding.
For residents of the European Union: Notwithstanding any provisions of these Regulations, in the event of a dispute that you and Under Armor would not be able to resolve, you have the right to lodge a complaint via http://ec.europa.eu/consumers/odr.
Apart from the cases specified in these Regulations, we do not use any ADR systems.
In addition, nothing in these Terms and Conditions restricts your right to bring an action against Under Armor in the local courts of your place of residence.
Any dispute arising between you and Under Armor under these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of your domicile or of the courts located in the Kingdom of the Netherlands, and you and we hereby accept the jurisdiction and venue of those courts.
For Finnish residents: Notwithstanding anything in these Terms and Conditions, should a dispute arise that you and Under Armor are unable to resolve, you have the right to file a complaint through the Complaints Board.
consumer disputes or other appropriate body.
For Danish residents: Notwithstanding any provisions of these Terms and Conditions, in the event of a dispute that you and Under Armor are unable to resolve, you have the right to lodge a complaint through the Danish Competition and Consumer Protection Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, e-mail: cfk@kfst.dk).
For South Koreans: Notwithstanding anything to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall limit your right to bring an action against Under Armor in the local courts where you reside.
16.
International terms
If you do not live in the United States and you access our Services outside the United States, you consent to certain information being sent to us outside of your country of residence and to comply with all applicable laws.
We make our Services available to a global user community.
However, our servers are located mainly in the United States, and it is here that we primarily conduct our operational activities, and our policies and procedures are mainly based on US law.
Accordingly, users located outside the United States of America will be bound by the following: (i) you consent to the transfer of your information, including without limitation your User Content and any Personal Data, to the United States or other countries and storage and processing this information in the countries listed; (ii) if you use the Services in a country subject to an embargo by the United States or are on the US Treasury Department's list of "Specially Designated Citizens", you may not access or use the Services; and (iii) you agree to comply with all local laws, rules and regulations, including without limitation all laws, rules and regulations in your country of residence and in the country from which you are accessing the Services.
The Services are not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be unlawful or unlawful or would require Under Armor or its affiliates to register in that jurisdiction or country. your country.
The country or region names used in these Terms, the Privacy Policy and any related features or documentation are based on the United Nations Terminology Database.
For residents of the European Union, Hong Kong, Russia, New Zealand, and South Korea: Notwithstanding anything in these Terms and Conditions, please note that some jurisdictions may not allow the waiver or limitation of certain warranties, liability or indemnification Therefore, some of the exclusions and limitations contained in these Regulations may not apply to you.
Nothing in these Terms and Conditions shall limit or exclude our liability for (1) false statements made by us, (2) death or personal injury as a result of our negligence or improper conduct, or (3) failure to perform any material contractual obligations.
For New Zealand residents: Notwithstanding anything to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall limit or exclude our liability or your rights if you are a consumer within the meaning of the Consumer Guarantees Act 1993.
or the Fair Trade Act 1986.
For residents of Germany, France, Austria or Finland: Notwithstanding the other provisions of these Regulations, the term "to the maximum extent permitted by law" and other terms with a similar effect are deemed to be removed from the Regulations wherever they appear and will not be valid legal.
For residents of Japan: Notwithstanding anything to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall limit or exclude our liability or your rights if you are a consumer within the meaning of the Consumer Contracts Act.
For South Koreans: Notwithstanding anything to the contrary, any amendments to these Terms will be posted on the website prior to their effective date; unless you express your intention to reject such modifications or changes after a reasonable period of time from such notice, you are deemed to have consented to such changes or modifications.
17.
Staying in force
The termination of our cooperation or the revocation of these Terms and Conditions shall not impose any limitation on our other rights or remedies, and any provisions of these Terms and Conditions that must remain in force for these Terms and Conditions to fulfill their purpose and purpose will remain in effect after their cancellation, including in particular parts: 2 (Content Ownership and Use), 9 (Physical Activity and Nutritional Counseling), 11 (No Warranty), 12 (Limitation of Liability), 13 (Indemnification), 15 (Disputes and Arbitration, Property and locality) and 17 (Remaining).
18.
Additional provisions
You acknowledge that as a result of these Terms and Conditions or your use of the Services, no joint venture, partnership, employment relationship or agency relationship is created between you and us.
The Terms and Conditions for specific products constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of these Regulations shall not constitute a waiver of a given right or provision.
If the competent court finds any of the provisions of these Regulations invalid, the parties agree that the court should nevertheless make efforts to implement the intentions of the parties reflected in the given provision, and the remaining provisions of these Regulations remain fully binding.
You may not assign, transfer or otherwise transfer your account or obligations under these Terms without our prior written consent.
We have the right in our sole discretion to assign or assign all or part of our powers under these Terms and we will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Notifications we send by e-mail, regular mail, or notices or links displayed in connection with the Services are acceptable notices for the purposes of these Terms.
We are not responsible for your failure to receive notification if the email is moved by the email security system to the "trash" or "spam" folder or if you do not update your email address.
Notification is deemed received forty-eight hours after it was sent if sent by e-mail or regular mail.
If notification is delivered via links displayed in connection with the Services, it is deemed to have been received twenty-four hours after it was first viewed.
19.
Contact
If you have any feedback, questions or comments regarding the Services, please contact our Support Team.
support via e-mail, by phone at 1-888-727-6687 or at Under Armor, 1020 Hull Street, Baltimore, MD 21230 (USA) and mark the subject as "Attn: Legal - Terms and Conditions of Use" .
Please ensure that your full name, e-mail address, postal address and message are included in your e-mail or regular mail.
Appendix A: Under Armor Stores
By making purchases through Under Armor Stores, you agree to comply with the provisions of these Regulations.
These terms and conditions apply to all offers and contracts relating to the online sale and delivery of Under Armor's clothing, footwear and accessories ("UA Clothing"), excluding digital products and services (e.g.
Premium Membership), which are expressly provided for in section 8 of these Terms and Conditions.
Accordingly, the specific conditions set out below apply when ordering UA (i) garments from underarmour.com or UA.com with any country extension; (ii) from any site that is directly connected to UA.com; or (iii) Under Armor e-commerce or shopping applications (collectively, "Under Armor Stores").
(a) Account Registration
Having an account is not required to make purchases via Under Armor Stores.
However, to make online purchases faster and easier, you can register an account on one of our websites or in the app.
Please confirm your email address when creating your account as we will use the email address you provided to contact you.
If you create an account, you will be able to track shipments, view previous orders using your username and password, and have quick access to shipping and billing information.
If you do not want to create an account, you can make purchases via the Under Armor Stores as a "Guest".
(b) Online Product Availability
When shopping, after selecting the product you want to purchase, you can see what color or size are available by first selecting a color (1.
Choose color) then size (2.
Choose size).
If your chosen size is not displayed for the chosen color, it means that it is not available.
While Under Armor Stores are designed to reflect "real-time" inventory so that only items that are in stock are visible and available for purchase, there may be inventory shortages due to the enormous popularity of individual models, colors or sizes, and we cannot guarantee that the items that are displayed as in stock are actually available.
If the item you wish to purchase is currently unavailable, we apologize for the inconvenience and encourage you to contact our customer service hotline so that we can assist you in finding a similar product.
© Model number
If you are looking for a product model number, it can be found on the inside of the garment on a small white tag.
There will be an inscription on it, e.g.
FW081100200 or on older FW060375 models.
The first four characters refer to the season of the model (e.g.
FW06 = Fall / Winter [Fall / Winter] 2006) (although depending on the region, the model number of some products may not contain the first four characters), and the last seven characters (on new models) or four characters (on older models) refer to model number.
Through our Services, you can search for your model number and find exactly what you are looking for.
If no search results are found, it is possible that the model is no longer manufactured by Under Armor.
Please contact our Customer Service Team for assistance in finding a replacement product.
(d) Order placement and modification
When you place your order, we will send you a confirmation email to the address you have provided.
If you use a work email address, please be aware that many companies use spam filters to reject incoming automatically generated emails, which may prevent our confirmation email from being delivered or route it to the spam folder ".
In the "confirm" stage, the final details of your order are presented.
On this basis, we will send you an e-mail about the acceptance of your order, detailing all the products you have ordered.
Please note that this e-mail does not constitute an order confirmation or an acceptance by Under Armor.
Acceptance of the order for execution and performance of the contract concluded between us will take place after sending the ordered products to you, unless we have notified you that we will not accept your order or that you have canceled the order.
Due to the short time between ordering and shipping, making changes after placing an order is difficult.
However, if you contact us within one hour of placing your order, we will try to allow you to amend your order.
(e) Taxation
Sales tax and similar taxes such as Value Added Tax ("VAT") are calculated on the basis of local and national rates depending on your location.
In cases where VAT is payable, you will be charged this tax at the applicable local rate, which will be included in the price of the product.
(f) Payments
Under Armor reserves the right to supplement the list of payment methods accepted by Under Armor Stores.
We may require your credit and debit cards to be issued by an institution in your place of residence, and payment methods must be linked to a billing address at the same location.
In most jurisdictions, you will need to verify that the billing address provided to your credit card or debit card issuing bank is the same as the billing address provided when placing your order.
We do not accept personal checks, money orders or online cash payments.
As Under Armor does not charge for products prior to shipment, we may use the pre-authorization feature to reserve products for shipment.
To avoid unnecessary overdraft charges, banks often use a method known as "pre-authorization" to verify that the credit or debit card being used is valid and has sufficient funds.
Please note that the transaction description on your bank statement will be "UNDER ARMOR".
Authorization typically expires five to seven days, but the final length of the authorization period is determined by the issuing bank.
The final amount charged to your credit card or debit card reflects only the value of the products shipped to you, including shipping charges and any applicable tax.
Please do not hesitate to contact our Customer Service Team if you have any questions.
Should you experience any problems with your payment, please contact our Customer Service team who will be happy to assist you.
(g) Delivery and Shipping
There are locations to which we cannot ship; we also do not send parcels to post office boxes, so you should confirm the possibility of delivering the parcel to your own hands before placing the order.
The estimated delivery time and shipping costs for your order will be determined at the time of finalization.
While we make every effort to deliver goods within the specified timescales, delays may occasionally occur.
Under Armor cannot be held responsible for any delay or non-delivery within the specified period.
Under Armor reserves the right to require an adult at least eighteen years of age to sign for pickup.
Customers living in one area may not always purchase products from Under Armor Stores in another area.
Please visit our local website to see what products are available to you.
When we ship your package, you will usually receive a tracking number by e-mail.
You can find tracking numbers for your shipments by logging into your account and entering the order number provided in your order confirmation email.
Please allow two to four business days after placing your order before using the shipping tracker.
If you are told while tracking your shipment on our website that your order is "in transit", it simply means that your shipment is being prepared for shipment or that your shipment status information has not yet been updated by the carrier.
Typically, it takes two to four business days for our tracking information to reach the carrier.
We try to ship all ordered products in one shipment, but reserve the right to ship your products in separate shipments if one or more products are unavailable at the time of first shipment.
If your order is split into several shipments, you will not be charged for any additional shipments.
For each shipment, we will send you a confirmation email / tracking email.
If a problem occurs during the execution of any part of your order, it will not be the basis for canceling the shipment of subsequent products contained in that order.
Any orders delivered to you will become your property upon receipt, provided that Under Armor has received full payment for the order.
(h) Order Cancellation, Exchange and Refund
Cancellation, exchange and refund policies and procedures for your order may differ depending on the location where you use the Under Armor Stores.
For more information on the policies that apply to your specific order, please see the policies set out in the Customer Service and Additional E-Commerce Terms & Conditions section of the local website you used to place your order.
(i) Conflict of provisions; governing law
In the event of a conflict between these Under Armor Stores Regulations and the Regulations, these Under Armor Stores Regulations shall prevail over your orders placed with the Under Armor Stores and use of the Under Armor Stores.
In the event of a conflict between these Under Armor Stores Terms and Conditions and the terms and conditions of the local website you are using to place your order, the terms and conditions of the local website will govern your orders at Under Armor Stores and your use of Under Armor Stores.
For South Korean residents: Under Armor's contracting entity for Under Armor Stores is Under Armor Korea, Ltd.
You must be at least 14 years old to use the Under Armor Stores.
For persons aged 14-18 years, you or your legal representative may cancel the sales contract with the Under Armor Stores if your legal representative has not agreed to such a sales contract.
For Turkish Residents: Some of the e-commerce terms set out in this Appendix A: UA Shops do not apply to Turkish residents who purchase UA garments from our Turkish distributor DOĞUŞ PERAKENDE (Doğuş Perakende Satış Giyim ve Aksesuar Tic.
A.
S.)
at http://www.underarmour.com.tr.
Turkish users purchasing from http://www.underarmour.com.tr will only be subject to those terms and conditions approved by such users which are valid under Turkish law.
In the event of a conflict or inconsistency between the terms of Appendix A: AU Stores and the terms of the Transaction Guide, Distance Agreement or Preliminary Information Form, the terms of the Transaction Guide, Distance Agreement or Preliminary Information Form (as applicable) will replace and will override any conflicting or inconsistent terms in Appendix A: AU Stores.
After completing the purchase, we will send you an order confirmation which includes the details of the ordered UA garments.
The billing address in the context of your credit card issuing bank may differ from the billing address provided when placing your order at http://www.underarmour.com.tr.
If we are unable to ship UA garments to your location, we will notify you by e-mail.
In accordance with the Distance Agreement, UA clothing will be delivered within thirty (30) days.
In accordance with the Transaction Guide, the Distance Agreement and the Preliminary Information Form, you have fourteen (14) days to cancel the Distance Agreement without any consequences.
We will not change the goods advertised or offered for sale, prices or specifications of such goods and promotional offers in connection with already completed purchases and / or currently processed transactions on the website http://www.underarmour.com.tr.
For Canadian Residents: Notwithstanding anything to the contrary in these Terms or the specific terms set out in this Appendix A in respect of purchasing UA clothing using a Visa credit card on the Canadian Under Armor website, any dispute relating to such purchase will be governed by and construed in accordance with Canadian law , without regard to conflict of laws principles.
For residents of Malaysia, Philippines, Singapore, Thailand and Indonesia: Notwithstanding anything to the contrary in these Terms and Conditions or the specific terms and conditions set out in this Appendix A with respect to the purchase of UA clothing with a Visa or MasterCard in Malaysian, Filipino, Singaporean, Thai or Indonesian On the Under Armor website, any dispute relating to such purchase will be governed by and construed in accordance with Singapore law, without regard to conflict of laws principles.
(j) Product descriptions and prices
Under Armor stores strive to provide the most accurate information possible.
However, we do not guarantee that product descriptions, photos, videos or other product content presented in Under Armor Stores are completely accurate, complete, reliable, current or error-free.
If the product offered by Under Armor does not match the description, the only remedy is to return the product intact for a refund.
Despite our great efforts, a small number of products may be the wrong price.
If the correct price of a product sold by Under Armor is higher than the price quoted by us, we will either contact you prior to shipment to decide whether to ship it or cancel your order and notify you at our discretion.
Prices displayed on Under Armor Stores may be in local currencies.
(k) Changes
Please note that in accordance with applicable law, we reserve the right to make changes to advertised products or products offered for sale in Under Armor Stores, prices or specifications of these products and any promotional offers and content available in Under Armor Stores at any time and at any time. a certain period of time without notice to you and without incurring any liability to you or any other person.