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Terms and Conditions of Use Agreement
Welcome to the Concede Fight Gear network of websites ("CFG Network") which is owned, operated and controlled by Concede Fight Gear, LLC ("Concede"). This Website Terms and Conditions of Use Agreement (the "Agreement") is between you and Concede and sets forth the terms and conditions under which Concede offers you access to content and services at each of the websites, both current and future, that make up the CFG Network (each a "Site" and, collectively, the "Sites").
Acceptance
Your use of any Site and any services or Content available on any Site, constitutes your acceptance, without modification, of the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, or if you have any questions about this Agreement or the practices of any Site, do not use any of the Sites and instead please contact Concede at help@concedefightgear.com.
Account Membership Eligibility
If you become a member or subscribe to any services offered on any of the Sites, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and/or order forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Concede reserves the right to terminate your account and refuse any and all current or future use of any of the Sites and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Sites. Concede bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you must notify Concede immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by Concede. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, any of the Sites.
Forum Conduct and Use
You agree to be personally responsible for your use of the CFG Network and
conduct yourself in a lawful and respectful manner. You acknowledge that Concede does not pre-screen Member content or communication over the CFG Network. Certain areas of the Sites provide access to online forums or chat rooms (the "CFG Forums"). Concede does not endorse, and specifically disclaims any responsibility or liability for any content in the CFG Forums. In addition, Concede, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the CFG Forums if it deems the content to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this Agreement, or for any other reason. You agree to use the CFG Forums only to post, send and receive messages and material that are proper, related to the subject matter of the CFG Forums and that comply with applicable law. You agree to any additional terms and conditions posted at the CFG Forums.
Concede has no obligation to monitor the CFG Forums. However, Concede reserves the right to review materials posted to the CFG Forums and to remove any materials in its sole discretion. Concede reserves the right to terminate your access to any Forum at any time, without notice, for any reason whatsoever. Furthermore, Concede reserves the right at all times to disclose any information as Concede deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Concede' sole discretion.
Ownership and Copyright and Trademark Notice
The Sites are owned and operated by Concede. Unless otherwise specified, all content, information and materials appearing on the Sites, including without limitation to text, site design, logos, graphics, icons, images and audio and video clips, as well as the selection, assembly and arrangement thereof ("Content") are the sole property of Concede or its licensors and are protected by U.S. and International copyright, patent and trademark laws and treaties. Concede and its licensors expressly reserve all rights in and to such Content. You may use the Content contained on the Sites only for the purpose of gathering information or participating in the CFG Forums. No Content from the Sites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Concede's or its licensor's prior written permission.
Certain patents, trademarks, copyrights and other content or proprietary information used on the Sites may be owned by third parties not affiliated with Concede and are being used under license and with permission by Concede under various agreements. As such, all third party content may not be used other than as expressly provided in the Sites.
Unsolicited Ideas
Concede welcomes your comments and feedback about the Sites or about its products and services; however, Concede, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions without any express or implied obligation, contract or compensation to you. All ideas, materials, or suggestions submitted shall become the property of Concede and Concede may use such ideas, materials, or suggestions in whole or in part at Concede’s sole discretion without compensation or credit to you. All communications and other materials (including, without limitation, unsolicited ideas, suggestions, or materials) you send to this site or to Concede by e-mail or otherwise are and shall remain the sole and exclusive property of Concede and may be used by Concede for any proper purpose whatsoever, commercial or otherwise, without compensation to the submitter.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CONCEDE MAKES NO WARRANTY THAT THE SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM UTILIZATION OF THE SITES AND THEIR CONTENT.
TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, CONCEDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE; NON-INFRINGEMENT; OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL CONCEDE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SIMILAR TYPES OF DAMAGES RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED OR AVAILABLE FROM CONCEDE, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT CONCEDE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL AND SIMILAR TYPES OF DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction and Venue
You agree that any legal action brought against Concede shall be governed by the laws of the state of Wisconsin without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of the Site shall be the Wisconsin Circuit Court located in Racine County, Wisconsin or the Federal District Court for the Eastern District of Wisconsin.
Indemnification
You agree to defend, indemnify and hold harmless Concede and its subsidiaries, affiliates, related companies, employees, officers, directors, telecommunications providers, and content providers from all liabilities arising from your breach of this Agreement.
Reservation of Rights
Concede, in its sole discretion, reserves the right to take all action or inaction as allowed by law, which includes, but is not limited to:
- change these Terms and Conditions of Use,
- monitor and remove postings, and/or
- discontinue any Site at any time with or without notice to users.
If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Concede relating to the subject matter herein.
References to Other Web Sites
Concede makes no representation whatsoever regarding the content of any other websites to which you are referred from the Sites. The reference to another site outside of the CFG Network does not imply endorsement by Concede of such a site.
Amendment and Modifications to Agreements
Concede may amend or make additions, deletions or modifications to this Agreement at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Sites, and you agree to be bound by such amendments or modifications.
Concede and Third Party Patent and Trademark Notices
Patents, Service Marks, Trademarks and Copyrights ©2009 Concede Fight Gear, LLC.
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