Terms & Conditions
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TERMS & CONIDITIONS
1. Acceptance
You must read these Terms and Conditions of Use carefully before using this website. By accessing and using this website, mobile application or other product or service on any computer, iPhone, iPad, tablet, mobile phone or other device, you indicate that you have read, understand, accept these Terms and Conditions of Use and agree to be bound by them. If you do not agree to these Terms and Conditions of Use, please do not use this website, mobile application or other products or services.
2. Eligibility
a) To become a member of the website, mobile application or other services you may be required to create an account. You agree to provide true and accurate information when filling out any registration forms on the website, mobile application or other and/or other services.
3. Right to Cancel
We reserve the right to accept or decline the orders placed through the website and/or mobile applications at our sole discretion. That means that we may refuse to accept the order and cancel it at any time and for any reason without liability to you or anyone else. We retain a right to cancel at any time and for any reason even after the order has been confirmed. If your credit card has already been charged for an order that is later cancelled, we will refund you the amount charged.
4. Intellectual Property
a) All intellectual property on the website, mobile applications or other FCTR Sports product or services are owned by FCTR Sports and protected by trademark, copyright, or patent laws.
b) All trademarks, trade names and service marks are owned and registered.
c) All text, scripts, software, code, images, graphics, designs, features, and all other content is a collective work under the copyright laws.
5. Use Prohibitions and Restrictions
a) Any use of this website, mobile application or other product or service and/or any of their content for an illegal and/or objectionable purpose or as a part of illegal and/or objectionable activities is strictly prohibited. Illegal/objectionable purpose and activities include but are not limited to:
Purpose or activities related to and/or involving unlawful, threatening, defamatory, libelous, obscene, sexually explicit, pornographic or profane information.
Purpose and activities related to and/or involving dispatching of junk/spam mails and viruses.
Purpose and activities related to and/or involving modification, copying, distributing, translating, republishing, transmitting or selling any Intellectual property or Content contained on the website, mobile application or other product or service without prior written consent.
b) The user is prohibited to remove any notices of ownership from the text and/or materials printed, downloaded and in any other way obtained from the website, mobile application or other product or service.
c) Our company, its officer, employees, contractors, agents, and partners expressly disclaim and shall not assume any liability related to an individual’s unlawful or prohibited use of the FCTR Sports website, FCTR Sports mobile application or other FCTR Sports product or service or the content contained herein.
6. Warranty Disclaimer
a) We disclaim all warranties, expressed or implied, including but not limited to, implied warranty of title, implied warranty of merchantability, fitness for particular purpose and non-infringement.
b) We cannot guarantee that does not promise that the website, mobile application or other product or service will be uninterrupted, do not contain any errors, defects or viruses.
c) We do not make any warranties or promises with regards to use of the content. You understand and agree to undertake at your own risk when you download, print or otherwise obtain content from the website, mobile application or other product or service.
7. Limitation of Liability
a) Under no circumstance and in no event shall we be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages relating to or arising from the website, mobile application or other product or service.
b) Under no circumstance and in no event shall our company be liable for any lost of profits or lost data resulting from the use of the website, mobile application or other service, or products purchased through thewebsite, mobile application or other sources.
8. Indemnification
User hereby agrees to indemnify, defend, and hold harmless, its employees, licensors, officers, contractors, subcontractors, partners, licensors, licensees, affiliates and subsidiaries from and against all claims, losses, suites, liabilities, damages, demands, actions and costs (including reasonable attorney’s fees) arising from or in any way related to the use of the website, mobile application or other service or product; arising from or related to a user’s conduct in connection with the website, mobile application or other service or product or with other users, or any violation of any law or the right of the third party.
9. Termination
a) We reserves the right to terminate user’s account at any time and for any reason at our sole discretion. We reserve the right to delete your profile and preclude your use of the website, mobile application or other services. Such termination and/deletion can be done by without any prior notice to a user and without liability to a user or anyone else.
b) We reserve the right to block users from certain IP addresses preventing their access to of the website, mobile application or other services.
c) This Terms and Conditions of Use stay in effect even after your account is terminated and/or your profile is deleted, and/or you are blocked from the website, mobile application or other services. Provisions of this Terms and Conditions of Use relating to Intellectual property, Indemnification, Warranty disclaimer, Limitation of Liability, Severability and other terms that by their nature may survive termination shall survive any termination and stay in effect.
10. Modifications
a) We can modify, change, and amend these Terms and Conditions of Use at any time without any prior notice, effective upon posting on the website, mobile application or other product or service.
b) No trade practices and/or course of conduct between the parties shall modify any of these terms and Conditions of Use.
c) We retain the right to assign its rights, duties to any parties without notice to you.
11. Severability
If any provision of these Terms and Conditions of Use is determined to be void, invalid, unenforceable, or against public policy, such provisions shall be deemed severable from the Terms and Conditions of Use, and the remaining provisions will remain unaffected and in full force and effect.
12. Relationship
Nothing in this Terms and Conditions of Use is intended to or shall constitute an agency, joint venture, partnership, or fiduciary relationship between our compant and a user, and neither party shall have the right and authority to act for or on behalf of the other party.
13. No waiver
Our failure to enforce strict compliance and performance of any provisions contained in this Terms and Conditions of Use shall not be considered a waiver of any provision or right.
14. Governing Law
a) These Terms and Conditions of Use shall be governed and enforced in accordance with the laws of Texas, Unites States of America, without regard to any choice of law principles and/or provisions and not by the 1980 U.N. Convention on contracts for international sale of goods.
15. Choice of Venue
You understand that the website and mobile applications are deemed to be passive websites based in Texas, USA and do not give a rise to personal jurisdiction over jurisdictions other than Texas. Any disputes and legal proceedings shall be resolved individually, without a resort of any class action, and the venue shall be exclusively limited to the courts of Dallas County, Texas, USA.
16. Entire Agreement
These Terms and Conditions of Use constitute the entire agreement and understanding between the parties. All previously existing agreements (written and/or oral) are superseded.