Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.  BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 12 BELOW.You must adhere to the terms and conditions in connection with any use of the PURESPORT ATHLETIC LLC Site (as defined below). These terms and conditions are a legal agreement between you and the company or business you work for, and PURESPORT ATHLETIC LLC. (PURESPORT ATHLETIC LLC, us or we) stating the terms that govern all orders from PURESPORT ATHLETIC LLC and your use of this Site (the Agreement, or TAC).   These Terms and Conditions set forth the legal terms and conditions governing your use of our website located at www.puresportathletic.com and any other online and mobile websites, blogs and interactive applications operated by PURESPORT ATHLETIC LLC (collectively, the Site) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control).  Your use of this Site confirms your unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not access or otherwise use the Site. Before using the Site, please review the related PURESPORT ATHLETIC LLC Privacy Policy (the Privacy Policy), which is incorporated herein by this reference.

Orders: Sections 15 and 16 below, apply to all orders (whether placed by phone, through this Site, or by some other method). You agree that, by placing an order with PURESPORT ATHLETIC LLC, you expressly accept the terms and conditions listed

in sections 13,14 &15. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. PURESPORT ATHLETIC LLC is relying on the fact that you are authorized to enter into this Agreement on behalf of that business. If at any time, you do not agree to be bound by this Agreement, you must immediately stop using the Site.

PURESPORT ATHLETIC LLC reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these TAC, in whole or in part, at any time without further notice. For changes to these TAC that we deem material, we will place a notice on www.puresportathletic.com by revising the link on the homepage to read substantially as Updated Terms and Conditions for an amount of time that we determine in our discretion.  If you access or use the Site in any way after the TAC have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes.  The most current version of these TAC will be available on www.puresportathletic.com and will supersede all previous versions of these TAC. 

1.Registration.

Certain parts or features of the Site may require registration/creation of an account or may otherwise ask you to provide information to participate in certain features or to access certain content.  The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site.  You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself or your company without their permission.  You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).  If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site.  You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights.  PURESPORT ATHLETIC LLC may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.  If we disable your account, you agree that you will not create another one without our permission.

2. Use of the Site.

Provided you comply with the terms of this Agreement, you may access, use or download the Site and the materials thereon (“Content”) for your business only as specifically permitted on the Site, or for your personal, noncommercial purposes. PURESPORT ATHLETIC LLC grants you a limited, revocable, nonexclusive right to use the online marketing tools and services provided through or on the Site, including but not limited to Custom Catalog, Design Studio, Marketing Hub, Sell Sheet Wizard, Campaign Manager (collectively, “Marketing Tools”) as specifically permitted on the Site, for the purposes expressed on the Site. No other use of Content or Marketing Tools is allowed. For purposes of this Agreement, Marketing Tools are including in the definition of Content. These limited rights are granted to you as long as you:

§  Agree that, once you receive a PURESPORT ATHLETIC LLC “customer number” you and/or authorized employees and agents will use your customer number to access the Site for your internal business purposes, and you will not allow anyone other than your authorized employees or agents to use your customer number to access the Site for these purposes.

§  Make only lawful use of the Site and the Content.

§  Violate no rights or licenses of any third party.

§  Keep unchanged all copyright and other notices.

§  Protect the Content from unauthorized use, modification, reproduction, distribution or publication.

§  Do not portray PURESPORT ATHLETIC LLC, products or services, in a false, misleading, derogatory, or offensive way, as determined by PURESPORT ATHLETIC LLC in its sole discretion.

§  Abide by all applicable local, state, federal, national and international laws, rules and regulations.

§  Send e-mails only to recipients with whom you have a prior business relationship.

§  Send no e-mails to recipients who have asked that you stop sending them e-mails.

§  Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.

§  Do not directly or indirectly access, use or download Content for competing with PURESPORT ATHLETIC LLC (e.g., scraping product data or user information).

You may not upload post, transmit, distribute or otherwise publish on or to the Site any of the following:

§  Software virus or another harmful component.

§  Advertising or commercial material of any kind, except as expressly authorized in advance by PURESPORT ATHLETIC LLC.

§  False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.

You may not interfere with the Site or any other user’s use of the Site by, for example, overloading, flooding, mail-bombing or crashing the Site, sending spam of any kind through the site, or inserting any code or product or manipulating the Content in any way that affects any third party’s experience of the Site. PURESPORT ATHLETIC LLC may, at its sole discretion, terminate your access to the Site if it believes that you have directly or indirectly violated all or portions of your obligations under this Section2.’The Site and all of the Content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by PURESPORT ATHLETIC LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by PURESPORT ATHLETIC LLC, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of PURESPORT ATHLETIC LLC or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that PURESPORT ATHLETIC LLC will aggressively enforce its rights to the fullest extent of the law. PURESPORT ATHLETIC LLC may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

From time to time, and in its sole discretion, PURESPORT ATHLETIC LLC r may make available to user’s certain software that may be accessible or downloaded from this Site. In the event, you access or download software from this Site, the software, including any files, images incorporated in or PURESPORT ATHLETIC LLC generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by PURESPORT ATHLETIC LLC or a PURESPORT ATHLETIC -approved third party software provider (“Third Party Provider”). does not transfer title to the Software to you. PURESPORT ATHLETIC LLC retains full and complete title to the Software, and all intellectual property rights therein. For purposes of this Agreement, such Software shall be included in the definition of “Materials”. Furthermore, your use of any Software of a Third-Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third-Party Provider for its Software.

3. Submissions.

 You will provide accurate, current, and complete information as may be required in the course of using the Site. You further agree to maintain and update your information to ensure it is at all times accurate, current, and complete. PURESPORT ATHLETIC LLC may terminate your use of portions or the entire Site if any information you provide is false, misleading, inaccurate or incomplete, as determined by PURESPORT ATHLETIC in its sole discretion. You agree that PURESPORT ATHLETIC LLC may store and use any information you provide on an unrestricted basis for purposes of lawfully conducting its business, including but not limited to, keeping you up to date on product offerings. PURESPORT ATHLETIC LLC use of your information is governed by our Privacy Policy. PURESPORT ATHLETIC LLC is pleased to hear from its visitors and welcomes your comments regarding PURESPORT ATHLETIC LLC products and services. Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of PURESPORT ATHLETIC LLC, and PURESPORT ATHLETIC LLC shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by PURESPORT ATHLETIC LLC without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. PURESPORT ATHLETIC LLC shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Site or PURESPORT ATHLETIC LLC, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Site and/or PURESPORT ATHLETIC LLC will not be acknowledged or returned. You agree and understand that PURESPORT ATHLETIC LLC is not obligated to use any Submission you make to the Site or PURESPORT ATHLETIC LLC and you have no right to compel such use. You hereby acknowledge and agree that your relationship with PURESPORT ATHLETIC LLC is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to PURESPORT ATHLETIC LLC does not place PURESPORT ATHLETIC LLC in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that PURESPORT ATHLETIC LLC has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by PURESPORT ATHLETIC LLC’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of PURESPORT ATHLETIC LLC’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of PURESPORT ATHLETIC LLC’s actual or alleged exploitation or use of any material you submit to the Site and/or PURESPORT ATHLETIC LLC, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any PURESPORT ATHLETIC LLC product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

4. Use by Children.

The Site is intended only for those ages 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through the Site. PURESPORT ATHLETIC LLC does not collect personally identifiable information from any person PURESPORT ATHLETIC LLC knows to be under 18. 

5. Links.

Links from the Site to third party sites are provided only as a convenience. You use outside links at your own risk. These links do not constitute PURESPORT ATHLETIC LLC endorsement of any third party, its site, or its goods or services. PURESPORT ATHLETIC LLC  shall not be responsible for and hereby disclaims liability for any injury or damages you may experience by using third party materials. You may not create links to the Site that portray PURESPORT ATHLETIC LLC in a false or misleading light. You may not use framing or similar techniques to enclose any portion of the Site. Except as intentionally enabled by the Marketing Tools, you may not link to any pages other than the PURESPORT ATHLETIC LLC home page.  Such third party sites are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any third party site accessed through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the applicable third party site. If you decide to leave the Site and access a third party site, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

6. Custom Websites.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THIS SECTION 6, PURESPORT ATHLETIC LLC WILL NOT ALLOW YOU TO SET UP OR MAINTAIN A CUSTOM SITE. PURESPORT ATHLETIC LLC and puresportathletic.com Custom Website Tool offers website design services and the hosting of custom websites to its subscribers. Custom websites (or website) must comply with these terms and conditions and all applicable local, state, national and international laws, rules and regulations. Copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any part of the Site in any form or by any means other than what is expressly permitted herein is prohibited. If we determine that any content on your website is prohibited, we may remove it or delete the custom website. PURESPORT ATHLETIC LLC reserves the right to make judgments about whether or not content is appropriate in its sole discretion. PURESPORT ATHLETIC LLC does not control and is not responsible for the content, quality or accuracy of any information, user generated content, third-party material or links contained on any custom website. You agree not modify, change or interfere with any of the software contained within or related to any Site or to circumvent, disable or otherwise interfere with any features, including security-related features, of this Site or the services found at this Site.

By using the Site, including the Custom Website Tool, you represent and warrant that you have the right to all copyrights, trademarks, and other third party materials appearing anywhere on your website. Your website may not use another company’s logo, trademark or other copyrighted material, including but not limited to visual representations, icons, graphics, service marks, altered marks, domain names, obvious name variations, phonetic equivalents, foreign language equivalents, takeoffs, and abbreviations without the written permission of the owner. You are expected to conduct proper research to ensure that the items posted to your custom website are in compliance with all local, state, national, and international laws. You may download and display PURESPORT ATHLETIC LLC trademarks and images for your custom website, as long as they are used properly in accordance with this Agreement and are use in a misleading or misrepresentation way. PURESPORT ATHLETIC LLC  may revoke permission for any usage at any time, with or without notice, in its sole discretion. PURESPORT ATHLETIC LLC logos displayed on your custom website or other site must comply with PURESPORT ATHLETIC LLC graphic standards. Your custom website must not lead or mislead users to believe you are PURESPORT ATHLETIC LLC. You may not use any PURESPORT ATHLETIC LLC trademark, name or brand as part of your company name, corporate name, trade name or domain name as set forth herein. Your custom website must provide your contact information, including your true name or registered trade name, and a street address or PO Box. Misleading statements (such as misleading uses of we or us) are not allowed. You may use information about PURESPORT ATHLETIC LLC awards, accomplishments, memberships, announcements, etc., only with PURESPORT ATHLETIC LLC prior written approval in each instance as to placement and context. Services provided by PURESPORT ATHLETIC LLC, puresportathletic.com and the Custom Website Tool may change from time to time. PURESPORT ATHLETIC LLC reserves the right to change any and all services provided and to make changes to its systems, including but not limited to changes to system hardware, software and access and use procedures without notice.

7. Jurisdictional Issues. 

PURESPORT ATHLETIC LLC operates the Site in the United States.  PURESPORT ATHLETIC LLC makes no representation that the Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is controlled and operated by PURESPORT ATHLETIC LLC from its offices within the State of NEW YORK, United States. PURESPORT ATHLETIC LLC makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

8. Disclaimers and Liability Limitations.

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. PURESPORT ATHLETIC LLC assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. PURESPORT ATHLETIC LLC is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other persons computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. 
THE SITE AND THE MATERIALS ARE PROVIDED AS IS WITH ALL FAULTS AND AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PURESPORT ATHLETIC LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURESPORT ATHLETIC LLC DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR THE MATERIALS DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. PURESPORT ATHLETIC LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PURESPORT ATHLETIC LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
YOU AGREE THAT PURESPORT ATHLETIC LLC AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE RELEASED PARTIES) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL, THE FORUMS, ANY TRANSACTIONS IN THE PURESPORT ATHLETIC LLC SHOP, ANY LISTING OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE PURESPORT ATHLETIC LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE RELEASED MATTERS). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PURESPORT ATHLETIC LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: 
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters.  In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true.  Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement.  In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
PURESPORT ATHLETIC LLC makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material.  Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by PURESPORT ATHLETIC LLC. 
The Internet may be subject to breaches of security. PURESPORT ATHLETIC LLC is not responsible for any resulting damage to any users computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. PURESPORT ATHLETIC LLC makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.

9.Indemnification.

 
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OF USE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR 

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