PEARLiZUMi.COM TERMS & CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE AFFILIATED PEARL IZUMI WEBSITES (COLLECTIVELY, THE “SITES”)*
BY ENTERING THE SITES YOU, THE USER, ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SITES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE, AND THE VARIOUS DISCLAIMERS SET FORTH HEREIN.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITES.
PEARL IZUMI USA, INC. AND ITS AFFILIATES (“PEARL IZUMI”) RESERVE THE RIGHT TO MAKE REVISIONS TO THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO BE BOUND BY SUCH REVISIONS AND SHOULD, THEREFORE, PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS.
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS APPLICABLE TO YOUR USE OF THE SITES. PEARL IZUMI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS CONTAINED ON THE SITES ARE APPROPRIATE FOR, OR ACCESSIBLE FROM, ALL LOCATIONS.
BY ENTERING THE SITES YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OR ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY COMPUTER VIRUSES OR BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
PEARL iZUMi is the copyright owner (©2010, PEARL iZUMi USA, Inc. All Rights Reserved) of everything on the Sites and no portion of the Sites, including but not limited to, the text, graphics, images, audio or video, may be used, reproduced, distributed, displayed or transmitted in any manner, for any purpose, without PEARL iZUMi’s express written permission, except as specifically provided herein.
USE OF THE SITES
PEARL iZUMi authorizes you to view and download materials on the Sites only for your private use, provided that you retain and not change or delete any and all copyright and other proprietary notices contained in the original materials.
You may not modify the materials on the Sites in any way or reproduce or publicly display, perform, distribute, sell, lease, transmit create derivative works from, or otherwise use such materials for any public or commercial purposes. For these purposes, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials on the Sites are copyrighted and any unauthorized use of any materials on the Sites may violate copyright, trademark and other laws. If you breach any of these terms, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed materials.
You may not upload to, or distribute or otherwise publish through, the Sites any information or other material that (i) violates or infringes the rights of any persons, including rights in copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights, (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the laws of the Japan or international law, or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses, hacks, or other harmful code or properties. You agree to indemnify PEARL iZUMi for any damages which result from any of the foregoing actions. PEARL iZUMi may remove any information or other material which is uploaded by you at any time, in its sole and absolute discretion.
The materials provided on the Sites are provided “as-is”, “where-is” without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. PEARL iZUMi’s obligations with respect to its products are governed solely by the agreements under which they are provided and nothing on the Sites should be construed to alter such agreements. In addition, PEARL iZUMi does not warrant the accuracy or completeness of the materials on the Sites. PEARL iZUMi may make changes and/or updates to the materials on the Sites, or to the products and prices described at the Sites, at any time without notice. The materials on the Sites may be out of date and PEARL iZUMi makes no warranties, representations or commitment to update the materials on the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Information published on the Sites may refer to products that are not available in your country.
PEARL iZUMi does not represent or warrant that the functions and services available on the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Sites or the server that makes the Sites available are free of viruses or other harmful components. PEARL iZUMi disclaims any and all liability for the acts, omissions and conduct of any users or other third parties in connection with or related to your use of the Sites. You assume total responsibility for your use of the Sites and any linked websites. Your sole remedy against PEARL iZUMi for dissatisfaction with the Sites or any materials contained thereon is to stop using the Sites or any such materials. This limitation on relief is a part of the bargain between the parties.
LIMITATION OF LIABILITY
In no event will PEARL iZUMi or other third parties mentioned on the Sites be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Sites, any websites linked on the Sites or the materials or information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not PEARL iZUMi has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, PEARL iZUMi is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any materials contained thereon, PEARL iZUMi’s liability shall in no event exceed U.S. $100.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LINKS TO OTHER WEBSITES
Links to third party websites on the Sites are provided solely as a convenience to you and therefore you access them at your own risk. If you use these links, you will leave the Sites and PEARL iZUMi will not have any control over the contents on these linked websites. PEARL iZUMi does not, and you agree that PEARL iZUMi has no obligation to, review the communications, materials, information, opinions, and other content posted on the third party websites. PEARL iZUMi has not reviewed these third party websites, does not control, and is not responsible for any of these websites or their content. Thus, PEARL iZUMi does not endorse or make any representations about them, the information, products or materials found there, or any results that may be obtained from using them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED ON THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
All trademarks, trade dress, service marks and trade names of PEARL iZUMi used on the Sites are trademarks or registered trademarks of PEARL iZUMi. All other product and company names referred to on the Sites are the trademarks or registered trademarks of their respective owners. By entering the Sites, you acknowledge and agree that any name, logo or trademark contained on the Sites is owned by PEARL iZUMi and may not be used by you without prior written approval. Any other intellectual property on the Sites, including but not limited to patents, either issued or pending, are the sole property of PEARL iZUMi and/or its licensors. PEARL iZUMi will aggressively enforce its intellectual property rights to the full extent of the law. Any unauthorized use of the name, logo and trademarks may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
You agree to defend, indemnify and hold PEARL iZUMi harmless from any and all claims, liabilities, losses, expenses, damages, costs, including without limitation reasonable attorneys’ fees, related to any violation of these terms and conditions of use by you or your authorized users, or in connection or arising from or relating in any way with the use of the Sites or any products your purchase on the Sites.
These Terms are applicable to you upon accessing the Sites. PEARL iZUMi reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In addition, these Terms, or any part of them, may be terminated by PEARL iZUMi without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Please send any questions or comments to firstname.lastname@example.org.
RESERVATION OF RIGHTS
PEARL iZUMi reserves to itself any and all rights not expressly granted herein.