Terms of service
TERMS AND CONDITIONS
1. OVERVIEW
These terms and conditions (the “Terms”) apply to TRIBAL LIFESTYLE COMPANY ("we", "our", or "us"), our website located at Triballifestyleco.com (“Site”) and any Product that is offered on the Site, through TRIBAL LIFESTYLE COMPANY which is our online or e-commerce platform.
Please read these Terms carefully. By (i) visiting, accessing, or otherwise using in any way the Site of TRIBAL LIFESTYLE COMPANY (the "Services"), or (ii) by ordering, purchasing, receiving or using any products or services offered by through our Sites, TRIBAL LIFESTYLE COMPANY (the "Products"), you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of the Site of TRIBAL LIFESTYLE COMPANY, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order, purchase, receive, or use the Products. If you have any questions about the Terms, please contact us at nick@mazzaathletics.com.
By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these "Terms"). If you do not agree to these Terms, you should not use or access this Site. TRIBAL LIFESTYLE COMPANY reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
2. DISCLAIMER OF WARRANTIES
THE SERVICES, ALL PRODUCTS PURCHASED, THE CONTENT USED IN CONNECTION WITH THE SERVICES AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USE OF THE SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIBAL LIFESTYLE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SPECIFICALLY, BUT WITHOUT LIMITATION, TRIBAL LIFESTYLE COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (i) THE INFORMATION AND CONTENT AVAILABLE ON THIS SERVICES IS ACCURATE, RELIABLE, CORRECT OR FREE OF ERRORS; (ii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIBAL LIFESTYLE COMPANY DOES NOT PROVIDE ANY WARRANTY ON PRODUCTS OR ITEMS THAT TRIBAL LIFESTYLE COMPANY SELLS OR MAKES AVAILABLE ON THE SERVICES. TO THE EXTENT A PRODUCT OR ITEM IS SUBJECT TO THE MANUFACTURER'S WARRANTY, SUCH WARRANTY SHALL BE YOUR SOLE WARRANTY FOR SUCH PRODUCT OR ITEM.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
TRIBAL LIFESTYLE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TRIBAL LIFESTYLE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TRIBAL LIFESTYLE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY IMPROPER USE OF, OR INJURY CAUSED BY, ANY PRODUCT OR SERVICE SOLD THROUGH TRIBAL LIFESTYLE COMPANY, INCLUDING BUT NOT LIMITED TO CHILDREN PRODUCTS OR SPECIALTY PRODUCTS.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
3. USER CONTENT; USING THE WEBSITE
Any and all content contributed by the User in connection to our Services, including all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, reviews, suggestions, ideas, concepts, questions, data or other content (the "User Content") is the responsibility of the User, not TRIBAL LIFESTYLE COMPANY, and is deemed non-confidential and nonproprietary.
By submitting or posting any User Content, you grant to TRIBAL LIFESTYLE COMPANY and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. TRIBAL LIFESTYLE COMPANY shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. TRIBAL LIFESTYLE COMPANY retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Services, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by TRIBAL LIFESTYLE COMPANY, you will furnish TRIBAL LIFESTYLE COMPANY any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold TRIBAL LIFESTYLE COMPANY and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
TRIBAL LIFESTYLE COMPANY does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge TRIBAL LIFESTYLE COMPANY and its officers, directors, employees and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by TRIBAL LIFESTYLE COMPANY or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that TRIBAL LIFESTYLE COMPANY has no control over and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. TRIBAL LIFESTYLE COMPANY acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If TRIBAL LIFESTYLE COMPANY becomes aware of any User Content that allegedly may not conform to these Terms, TRIBAL LIFESTYLE COMPANY may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. TRIBAL LIFESTYLE COMPANY has no liability or responsibility to Users for performance or nonperformance of such activities.
TRIBAL LIFESTYLE COMPANY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST TRIBAL LIFESTYLE COMPANY FOR SUCH REMOVAL AND/OR DELETION. TRIBAL LIFESTYLE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICES. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
You are solely responsible for your interactions with other TRIBAL LIFESTYLE COMPANY Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TRIBAL LIFESTYLE COMPANY shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
5. GENERAL CONDITIONS
TRIBAL LIFESTYLE COMPANY reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
6. YOUR ACCOUNT
If you establish an account with TRIBAL LIFESTYLE COMPANY you agree you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password, unless such activities arise from TRIBAL LIFESTYLE COMPANY’S negligence, willful misconduct, or breach of its obligations under the Privacy Policy or these Terms of Service. You agree to immediately notify TRIBAL LIFESTYLE COMPANY of any unauthorized use of your password or account or any other breach of security by contacting us at the email address set out below.
You acknowledge and agree that TRIBAL LIFESTYLE COMPANY may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if TRIBAL LIFESTYLE COMPANY is required to do so by law or legal process or if TRIBAL LIFESTYLE COMPANY determines, in its sole discretion, that such action is necessary to protect the rights of TRIBAL LIFESTYLE COMPANY, third parties, and other users of the Sites or for purposes of responding to your request for customer service. TRIBAL LIFESTYLE COMPANY’S right to disclose any such information shall govern over any terms of our Privacy Policy.
7. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. TRIBAL LIFESTYLE COMPANY reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY; PRODUCTS OR SERVICES
Excluding User Content, the information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a particular time does not guarantee that the products, services and/or experiences will be available. If a product, service and/or experience offered and sold by us is not as described, your sole remedy is to return it subject to the our Return Policy set forth herein.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. INTELLECTUAL PROPERTY
All copyright featured or displayed on the TRIBAL LIFESTYLE COMPANY website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorized to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
All of our trademarks, service marks and trade names used herein (including but not limited to the words marked “TRIBAL LIFESTYLE COMPANY”) are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
10. SUBMISSIONS
You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Sites, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not TRIBAL LIFESTYLE COMPANY, have full responsibility for each such Submission you make, including its legality, reliability and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to TRIBAL LIFESTYLE COMPANY in relation to that Submission.
You agree that TRIBAL LIFESTYLE COMPANY is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant TRIBAL LIFESTYLE COMPANY a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilize, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission.
TRIBAL LIFESTYLE COMPANY is under no obligation to treat Submissions as confidential or proprietary information except pursuant to TRIBAL LIFESTYLE COMPANY'S PRIVACY POLICY applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Service, you retain ownership of any copyright or other intellectual property rights in your Submissions.
You agree not to upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to TRIBAL LIFESTYLE COMPANY set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Sites.
TRIBAL LIFESTYLE COMPANY takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. TRIBAL LIFESTYLE COMPANY is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Sites, please CONTACT US.
11. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. LINKS TO THIRD PARTY WEBSITES
The Sites may contain links to websites and other resources operated by third parties other than TRIBAL LIFESTYLE COMPANY. Such links are provided solely as a convenience to you. TRIBAL LIFESTYLE COMPANY does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. UNAVAILABILITY OF SERVICES; TERMINATION; FRAUD
TRIBAL LIFESTYLE COMPANY may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. TRIBAL LIFESTYLE COMPANY may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or Usership, for any reason, including, without limitation, breach of these Terms. If at any time TRIBAL LIFESTYLE COMPANY notifies you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
14. INDEMNIFICATION
By using the Services, you agree to indemnify, hold harmless, and defend TRIBAL LIFESTYLE COMPANY, and its affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “TRIBAL LIFESTYLE COMPANY Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use, misuse or access to the Services including any data or content transmitted or received by you; (ii) a dispute with a User; (iii) your breach of any terms of these Terms, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any applicable law, rule or regulation or the rights of a third party; (v) your User Content; (vi) your willful misconduct, or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. You agree to cooperate as fully as reasonably required in the defense of any claim. TRIBAL LIFESTYLE COMPANY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the TRIBAL LIFESTYLE COMPANY Indemnitees.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIBAL LIFESTYLE COMPANY OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY TRIBAL LIFESTYLE COMPANY WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF TRIBAL LIFESTYLE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL TRIBAL LIFESTYLE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIBAL LIFESTYLE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED BY YOU; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TRIBAL LIFESTYLE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TRIBAL LIFESTYLE COMPANY HEREUNDER OR USD $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRIBAL LIFESTYLE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services, and experiences available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law.
16. OPTIONAL TOOLS
TRIBAL LIFESTYLE COMPANY may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. GOVERNING LAW
These Terms of Service and the relationship between you and TRIBAL LIFESTYLE COMPANY will be governed by the laws of California, United States, without giving effect to principles of conflict of laws of any jurisdiction.
20. MISCELLANEOUS
If any provision of these Terms of Service is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Service will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms of Use exclusively shall be English. All communications and agreements between TRIBAL LIFESTYLE COMPANY and you and any proceedings in connection with these Terms of Service and/or your use of the site, exclusively shall be made in English. TRIBAL LIFESTYLE COMPANY and you waive any rights we each may have under any other law to have these Terms of Service written in another language. Any translation of these Terms of Service will be for convenience only.
21. CONTACT INFORMATION
For any questions or concerns about your use of our Services, please contact us at _________________________ or by email at nick@mazzaathletics.com.