Legal Information

TERMS OF USE (updated Jan 8, 2011)

Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the Senda Athletics, Inc. (“Senda Athletics,” “we” or “us”) website, SendaAthletics.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.

INTELLECTUAL PROPERTY RIGHTS
USER SUBMISSIONS
NOTICE OF COPYRIGHT INFRINGEMENT
PRODUCT DISCREPANCIES
USER COMMENTS
ACCOUNTS
LINKS
DISCLAIMER
LIMITATION OF LIABILITY
JURISDICTION
REVISIONS
INTELLECTUAL PROPERTY RIGHTS

All trademarks and/or logos whether registered or not, displayed on the Web Site, including but not limited to the Senda Athletics trademark are owned by Senda Athletics and will remain the exclusive property of Senda Athletics. These trademarks may not be used in connection with any product or service that does not originate with Senda Athletics, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Senda Athletics.

This Web site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Senda Athletics. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Senda Athletics.

You acknowledge and agree that the Web Site, and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively “Content”), is owned by or licensed to Senda Athletics and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Web Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Web Site, or any Content contained therein. No right, title and/or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Web Site and in the Content.

USER SUBMISSIONS

The Website may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Senda Athletics does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

By submitting User Submissions, you hereby grant to Senda Athletics an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Senda Athletics shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Senda Athletics does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Senda Athletics reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

NOTICE OF COPYRIGHT INFRINGEMENT

Senda Athletics does not permit copyright infringing activities on the Website, and Senda Athletics may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. Senda Athletics will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

PRODUCT DISCREPANCIES

All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.

USER COMMENTS

All comments, feedback, suggestions, ideas, and other communications (collectively, “Comments”) submitted or offered to Senda Athletics in connection with your use of this Website shall be and remain property of Senda Athletics. Senda Athletics will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

ACCOUNTS

You may choose to register with us through our Website and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.

LINKS

Periodically, links may be established from this Web site to one or more external Web sites or resources operated by unrelated third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the mySenda Athletics .com Web site. These links should not necessarily be deemed to imply that Senda Athletics endorses the Third Party Sites or any content therein.

Senda Athletics does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Senda Athletics will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

DISCLAIMER

THIS WEBSITE AND ALL CONTENT OF THE WEBSITE ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL SENDA ATHLETICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Senda Athletics IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

JURISDICTION

No implication is made that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Senda Athletics controls this Web Site from its offices within the State of California. The terms and conditions of this Website shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions.

REVISIONS

Senda Athletics may terminate, change, suspend or discontinue any aspect of this Web site, including the availability of any features of the Web site, at any time and without notice. Senda Athletics also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Senda Athletics may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.