TERMS AND CONDITIONS - GENERAL
VPXSPORTS.COM (“VPXSPORTS.COM”) maintains this site ("the Site") for your
personal entertainment, information, education, use and communication. Feel free
to browse the Site, but please read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos,
images, designs, copyrights and other proprietary materials owned and registered
by VPXSPORTS.COM and used by VPXSPORTS.COM (the "Trademarks"). Your access to
and use of the Site is subject to the following terms and conditions ("Terms and
Conditions") and the VPXSPORTS.COM Privacy Policy. VPXSPORTS.COM may revise
these Terms and Conditions at any time by updating this posting. You are bound
by any such revisions and should therefore periodically visit this page to
review the then current Terms and Conditions to which you are bound. By
accessing and browsing the Site, you signify your acceptance of these Terms and
Conditions without limitation or qualification. If you do not agree to these
Terms and Conditions, then please do not use the Site.
Terms and Conditions.
You should assume that all materials, designs, text and images (collectively,
the "Materials") contained in the Site are either the copyrighted property of
VPXSPORTS.COM or are the copyrighted property of third parties. VPXSPORTS.COM
neither warrants nor represents that your use of Materials displayed on the Site
will not infringe rights of third parties not owned by or affiliated with
VPXSPORTS.COM.
You may download one single hard copy of Materials displayed on the Site for
non-commercial, personal use only, provided however, you do not delete or change
the copyright, trademark and other proprietary notices contained on the
Materials. You may not modify, alter or change any Materials or distribute,
publish, transmit, reuse, re-post or use the content of the Site for public or
commercial purposes, including, without limitation, the text, images, audio and
video.
Unauthorized use of the Materials is strictly prohibited and is a violation of
the rights of VPXSPORTS.COM and/or third parties, including, without limitation,
under copyright laws, trademark laws, the laws of privacy and publicity.
While VPXSPORTS.COM uses reasonable efforts to include accurate and up to date
information in the Site, VPXSPORTS.COM makes no warranties or representations as
to the accuracy, correctness, reliability or otherwise with respect to such
information, and assumes no liability or responsibility for any omissions or
errors (including, without limitation, typographical errors and technical
errors) in the content of the Site.
Information in the Site is subject to change without notice. Information
regarding VPXSPORTS.COM's products and services is applicable only in the United
States unless otherwise noted. Some products and services may not be available
in certain areas. VPXSPORTS.COM makes no representations that the Materials in
this Site are appropriate or available for use in other countries aside from the
United States. Those who do access this Site from other countries are solely
responsible for compliance with local laws of that country.
Use of and browsing in the Site is done at user's own risk. Neither
VPXSPORTS.COM nor any other party involved in creating, producing or delivering
the Site shall be liable for any direct, incidental, special, consequential,
indirect or punitive damages arising out of your access to, or use of, or
browsing the Site, or downloading of any materials, data, text, images, video or
audio from the Site, including, without limitation, damage to, or viruses that
may infect, your computer equipment or other property as a result thereof.
Without limiting the foregoing, everything on the Site is provided to you "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
From time to time, VPXSPORTS.COM may ask that you transmit to the Site by
electronic mail your feedback on VPXSPORTS.COM's products and/or services. Any
communication or material you transmit or post will be (a) treated as
non-confidential and non-proprietary by VPXSPORTS.COM, (b) become the property
of VPXSPORTS.COM and shall exclusively now and hereinafter own all rights, title
and interest therein, and (c) used without restriction by VPXSPORTS.COM or its
licensees and affiliates at its sole discretion without any obligation,
compensation or other liability to you. Such use may be for any purpose
whatsoever, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting whole or in part, in any medium
and in any manner on this Site or otherwise. However, VPXSPORTS.COM shall be
under no obligation to respond to any such communication.
Notwithstanding the foregoing, VPXSPORTS.COM maintains a long standing policy of
not accepting or considering any creative ideas, suggestions or materials from
the public ("Submissions"), and therefore, you should not make any Submissions
to VPXSPORTS.COM in any communications through this Site or otherwise.
Nonetheless, if you do send us a Submission, despite our request not to do so,
then such Submission shall immediately become the property of VPXSPORTS.COM and
shall exclusively now and hereinafter own all rights, title and interest
therein. Furthermore, VPXSPORTS.COM shall be free to use any Submissions for any
purpose whatsoever, including, but not limited to, developing, manufacturing and
marketing products. VPXSPORTS.COM shall not be liable for or be responsible for
payment of any compensation for such use or disclosure of such Submission or for
any similarities in the Submission and any future VPXSPORTS.COM uses or
activities.
The Trademarks displayed on the Site are registered and unregistered Trademarks
of VPXSPORTS.COM. Nothing contained on the Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to use any Trademark
displayed on the Site, or any license or right to use any other trademark owned
by any other third party. In the event that you misuse any Trademark in
violation of these Terms and Conditions, VPXSPORTS.COM will aggressively enforce
its intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution.
This Site may link to other sites not maintained by or related to VPXSPORTS.COM.
Such hyperlinks are provided as a service to users and are not sponsored by,
endorsed or otherwise affiliated with this Site or with the products and
services of VPXSPORTS.COM. VPXSPORTS.COM has not reviewed all of the sites
linked to the Site and is not responsible for the content of any off-site pages
or links to any other sites. Viewing all other sites is at your own risk.
In the event that VPXSPORTS.COM may, from time to time, allow for discussions,
chats, postings, transmissions, bulletin board and the like on the Site,
VPXSPORTS.COM is under no obligation to monitor or review such transmitted
information and assumes no responsibility or liability arising from the content
of any such locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such
information. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability or otherwise violate any law. VPXSPORTS.COM will fully cooperate
with any law enforcement authorities or court order requesting or directing
VPXSPORTS.COM to disclose the identity of anyone posting any such information or
materials.
This site may contain statements, estimates or projections that constitute
“forward looking statements” as defined under U.S. Federal Securities laws.
Generally, the words “believe, expect, intend, estimate, anticipate, project,
will” and similar expressions identify forward looking statements, which
generally are not historical in nature. Forward looking statements are subject
to certain risks and uncertainties that could cause actual results to differ
materially from VPXSPORTS.COM’s historical experience and VPXSPORTS.COM’s
present expectations or projections. These risks include, but are not limited
to, VPXSPORTS.COM’s ability to finance expansion plans, share repurchase
programs and general operating activities; changes in the business environment,
including actions of competitors and changes in consumer preferences; regulatory
and legal changes; interest rate and currency fluctuations; changes in economic
and political conditions; VPXSPORTS.COM’s ability to penetrate and develop new
markets, the effectiveness of VPXSPORTS.COM’s advertising, marketing and
promotional programs; litigation uncertainties; adverse weather conditions;
inability to achieve volume growth through product and packaging initiatives;
changes in the cost and availability of raw materials and the ability to
maintain favorable supply arrangements and relationships and procure timely
and/or adequate production of all or any products; the marketing efforts of
distributors of VPXSPORTS.COM’s products, most of which distribute products
which are competitive to VPXSPORTS.COM; unilateral decisions by stores or other
customers to discontinue carrying all or any of VPXSPORTS.COM’s products that
they are carrying at any time; changes in product category consumption; possible
recalls of VPXSPORTS.COM’s products. The aforegoing list of important factors is
not exhaustive. You should not place undue reliance on forward looking
statements, which speak only as of the date they are made. VPXSPORTS.COM
undertakes no obligation to publicly update or revise any forward looking
statements and expressly disclaim any duty to do so.
All offers set forth on the Site are void where prohibited, and are subject to
the posting of any official rules pertaining to such offers.
VPXSPORTS.COM maintains and operates this Site from its offices in Davie,
Florida, United States. These Terms and Conditions are governed by and
interpreted under the laws of the State of Florida. If any portion of these
Terms and Conditions is deemed unlawful, void or unenforceable, then that part
shall be deemed severable and will not affect the validity and enforceability of
any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement
between you, VPXSPORTS.COM with respect to the Site. You acknowledge that any
other agreements between you, VPXSPORTS.COM with respect to the Site are
superseded and of no force or effect provided that in the event of any conflict
between these Terms & Conditions – General and our e-Store Terms & Conditions,
Privacy & Security Statement below, the terms thereof shall prevail.