WODwear reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
Use and registration for the Site is void where prohibited. Access to and use of the Site may be prohibited in certain countries. The Site is available only to people who can form legally binding agreements under applicable law. The Site is considered to be a general audience site and is not intended for use by children. Children accessing the Site should get the permission and assistance of a parent or guardian to use the Site. By using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will update and maintain the accuracy of that information; and (c) your use of the Site does not violate any applicable law or regulation in the jurisdiction in which you are accessing the Site.
In order to purchase products or services from the Site or to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID and password.
All of the content contained in, available through, featured or displayed on the Site (including the Portal), including, but not limited to, information, communications, text, graphics, photographs, images, sounds, moving images, video, illustrations, code and other materials ("Content") is owned by WODwear, or its parent or affiliate entities, its licensors or its content providers. The Content is protected by copyright, trademark, and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior express written consent of WODwear. Any unauthorised use by you of any Content may subject you to civil or criminal penalties.
All trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively "Marks") located on this Site are the property of WODwear, its parent or affiliate entities, their respective licensors or other third parties. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Marks of WODwear or its parent or affiliate entities in any way, without WODwear's prior express written consent. The use of any of the Marks on any other website or network computer environment, for example the storage or reproduction of the Site (or any part of) in any external internet site is prohibited, without the express written consent of WODwear. Certain other trademarks, service marks, and logos provided on the Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner.
Content, information, photographs, suggestions, questions, comments, communications, opinions and other materials published or posted by users accessing the Site (including, but not limited to, on community pages, message boards, chat rooms or other forums) (collectively "User Generated Content") are solely the opinion and responsibility of the person posting that User Generated Content. WODwear does not endorse and has no control over the User Generated Content posted by users on the Site. WODwear does not review User Generated Content prior to posting it on the Site and that content does not necessarily reflect the opinions or policies of WODwear. WODwear shall have the right, but no obligation, to review and monitor User Generated Content to determine compliance with these Terms and Conditions or any other operating rules established by WODwear for this Site or to determine compliance with any laws or regulations. WODwear only acts as a passive conduit for the distribution of User Generated Content and is not responsible or liable for any of the User Generated Content, communications and other materials generated by you or any other users.
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using the Site to impersonate another person, user or WODwear staff, employee, or representative, imply that any statements you make are endorsed by WODwear, or post or transmit any material that could damage or disparage WODwear or any of its affiliate entities in any manner. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
All features, Content, and products and services available on or through the Site, including, but not limited to, prices of products and services, are subject to change at any time without notice. In addition, any feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any features, Content, products or services on this Site at a particular time does not imply or warrant that these products or services will continue to be available. WODWEAR RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE SITE, OR ANY PART OF IT, AT ANY TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.
WODwear takes reasonable efforts to ensure that Content on this Site provided by WODwear is complete, accurate and current. Despite WODwear's efforts, however, the information on this Site may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. WODwear makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of WODwear to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. WODwear reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. WODwear also may require verification of information prior to the acceptance and/or shipment of any order.
When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you place your order. Additional policies regarding orders are found in the Frequently Asked Questions on the Customer Service page. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site.
OAdditional or different terms and conditions ("Other Terms") may apply in connection with certain features (e.g. community pages, testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WODWEAR, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS AND SUPPLIERS, DISCLAIM ALL SUCH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER WODWEAR, ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT OR FEATURES ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT ON THE SITE OR THE PERFORMANCE OF THE PRODUCTS (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY) EVEN IF WODWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY AGAINST WODWEAR FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
You agree to indemnify, defend and hold harmless WODwear, its parent and affiliate entities, and their respective employees, directors, officers and agents from and against any and all claims, damages and costs, including reasonable lawyers' fees and related expenses, arising from or related to any use by you of the Site or Content, your provision or use of any User Generated Content, any breach by you of these Terms and Conditions or any claim that you have violated a user's privacy rights by posting, collecting or using Content about other users of the Site.
Software and other materials from the Site may be subject to applicable export control laws that prohibit the export of certain technical data and software to certain territories. WODwear does not authorise the use, downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by applicable export laws and regulations.
To the fullest extent permitted by law, these Terms and Conditions shall be governed by the laws of the Commonwealth of Australia (excluding its conflicts of laws principals), and you agree to submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia. You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.