3. PURCHASE OF PRODUCTS. Anea Active provides the ability for its users to place an order for Anea Active products, apparel, accessories and products. You agree to pay all charges incurred by you or any users of your account and credit card or other applicable payment types at the prices for products in effect at the time such charges are incurred. Price and availability of any products are subject to change without notice and current prices are shown on the Site. Verification of information applicable to any order of any Anea Active product may be required prior to Anea Active’s acceptance of any order. All prices are in U.S. Dollars and do not include delivery charges, which will be added to your order during checkout, and/or any import duties that may be added by the order destination country. You are responsible for paying any applicable taxes relating to your order. Delivery dates for Page products are only estimates. Title and risk of loss for any orders pass to you upon delivery of the product(s) to Anea Active’s carrier. Anea Active will not charge you until your order is shipped. Anea Active reserves the right to ship partial orders and any portion of a partially shipped order may be charged to you when shipped. Your receipt of an electronic or other form of order confirmation does not signify acceptance of your order or constitute confirmation of our offer to sell. Anea Active reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed must be pre-approved with an acceptable method of payment as established by Anea Active and may require additional verification or information before accepting any order. All products you order are for your own personal use and enjoyment and may not be distributed for commercial purposes or resold.
4. USE OF SOFTWARE. Anea Active may from time to time make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Anea Active, for your personal, noncommercial, home use only. Anea Active does not transfer either the title or the intellectual property rights to the Software, and Anea Active retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software without the expressed, written permission of Anea Active, nor may you decompile, reverse engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Anea Active or its licensors and you may not copy or use them in any manner, without the expressed, written permission of Anea Active.
5. USER CONTENT. You grant Anea Active a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Anea Active, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Anea Active, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Anea Active may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. Anea Active is the owner and retains all proprietary rights to the Site, its Services and products provide by this Site and all associated copyrights, trademarks, brands service marks, patents or other proprietary rights under law. You are only permitted to use the Site and its contents as specifically authorized by Anea Active under the terms of this Agreement. Page 3 of 8 Anea Active’s trademarks and/or service marks may not be used in connection with any product or service not provided by Anea Active, in any manner that is likely to cause confusion among customers or users of the Site, tarnishes or dilutes the marks, or disparages or discredits Anea Active. Anea Active’s products available on the Site may be the subject of pending patent application(s). When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright and trademark ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. COPYRIGHT/TRADEMARK INFRINGEMENT. Anea Active has in place certain legally mandated procedures regarding allegations of copyright and/or trademark infringement occurring on the Site or with the Service. Anea Active has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Anea Active or of a third party, or otherwise violated any intellectual property laws or regulations. Anea Active’s policy is to investigate any allegations of copyright/trademark infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Anea Active to delete, edit, or disable the material in question, you must provide Anea Active with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted/trademarked work claimed to have been infringed, or, if multiple copyrighted/trademarked works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Anea Active to locate the material; (d) information reasonably sufficient to permit Anea Active to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Anea Active’s designated agent at: Anea Active; firstname.lastname@example.org.
10. NO WARRANTIES. Anea Active HEREBY DISCLAIMS ALL WARRANTIES. Anea Active IS MAKING THE SITE AVAILABLE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANEA ACTIVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. ANEA ACTIVE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 11. DISCLAIMER OF WARRANTIES. OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER TITLED “LIMITED WARRANTY FOR PRODUCTS”, ANEA ACTIVE EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. WARRANTIES, IF ANY, PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR MATERIALS AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY ANEA ACTIVE
12. LIMITED WARRANTY FOR PRODUCTS. Anea Active provides a limited warranty to you that within a thirty (30) day period after delivery, products supplied by Anea Active shall be free from defects in materials, design and workmanship. If a product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the product(s), then you may request a replacement product within that thirty (30) day period. No credits or refunds will be provided. Replacement of the product is you sole and exclusive remedy for any breach of such warranty. Please make all such warranty claims for a replacement product by emailing Anea Active at email@example.com and you will receive a reply email instructing you how to process your warranty claim.
13. LIMITED LIABILITY. OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HERE IN ABOVE TITLED “LIMITED WARRANTY FOR PRODUCTS”, ANEA ACTIVE’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANEA ACTIVE BE LIABLE FOR DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOVER (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY ANEA ACTIVE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER ANY DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION OR WHETHER ANEA ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND ANEA ACTIVES ENTIRE LIABILITY, IF ANY, FOR CLAIMS ARISING OUT OF THIS SITE OR THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID ANEA ACTIVE, IF ANY, FOR ANY PRODUCTS OR SERVICE AVAILABLE THROUGH THE SITE DURING THE SIX MONTH PERIOD BEFORE THE ACT GIVING RISE TO LIABILITY.
15. PROHIBITED USES. Anea Active imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Anea Active in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
17. COPYRIGHT/TRADEMARK. All contents of Site or Service are: Copyright © 2018, Anea Active, 6121 Malcolm Drive, San Diego, CA 92115. Aneais a duly registered trademark of Anea Active. All rights reserved.
19. INTERNATIONAL USE. This Site may be accessible worldwide. Anea Active makes no representation that the materials, products or Service on this Site are appropriate or available for use in locations outside the United States, and accessing them from places where there contents are illegal is prohibited. If you choose to access this Site from outside of the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws. This Site, the Service and Page 7 of 8 products provided under this Agreement may be subject to United States export regulations and laws and/or the export regulations and laws of other countries. You agree to strictly comply with all export laws and regulations, and assume sole responsibility for obtaining license to export as required. You represent and warrant that you are not located in a county that is subject to U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties.
20. CALIFORNIA USE ONLY. The Site is controlled and operated by Anea Active from its office(s) in the State of California. Anea Active makes no representation that any of the materials, products or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Anea Active’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
22. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Anea Active or by any third party.
24. ASSIGNMENT. You agree that this Agreement may be assigned by Anea Active, in its sole discretion, to any third party at any time. You are prohibited from assigning any of your rights and obligations under this Agreement and any attempt to do so will be deemed unenforceable.