Territories and permitted uses
We operate within United States of America (hereinafter “United States”) and within United Kingdom, Italy, Germany, France and Spain (these five territories hereinafter jointly “Europe”). This website is intended for use by consumers residing in the United States and in Europe only and we will provide our services only within the United States and Europe. Products advertised and sold through this website may only be purchased for delivery within the United States and Europe.
If your place of residence is within Europe, this website is not intended for use and may not be used under the age of eighteen (18).
Term and termination
If your place of residence is within Europe, Actionproof shall give you a reasonable notice before terminating this agreement.
Changes to terms
Where permitted by law, we reserve the right to refuse, limit or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made.
Users are required to create an account when they make a purchase through the website. You are entirely responsible for all activities that occur under your account and for maintaining the confidentiality of your username, password and account information. You also agree to promptly notify us via email of any unauthorized use of your username, password, unauthorized account activity, other account information, or any other breach of security that you become aware of involving or relating to the website. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session.
This website and its design, content (including its artwork, trademarks, logos, text, graphics, photography, audio clips, video and other content), its design, selection, compilation, and arrangement of elements, as well as other matters related to this website (“content”), unless otherwise indicated, are owned by Actionproof and are protected under applicable laws, including all copyrights, trademark, patents and other intellectual property laws. Actionproof’s name, logo, product names, product designs and other proprietary rights appearing on this website, unless otherwise noted, are exclusive property of Actionproof. All third-party company names, logos, product names, trademarks and service marks displayed or otherwise appearing on the website are the property of their respective owners.
The website (and each element of the content) is intended solely for your personal, non-commercial use. You may download, store and print selected portions of the content, provided that you : (i) only use the content for the your own personal, non-commercial use; (ii) do not copy or post the content on any network computer or broadcast the content in any media for direct or indirect financial gain; (iii) do not modify or alter the content in any way; and (iv) do not publish, distribute, resell or otherwise transfer or create derivative works of the content. By way of an example only, you acknowledge that you may not: (i) incorporate any content into any other work (such as your own website) or use content in any public or commercial manner; (ii) copy, modify, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise convert, distribute, frame, republish, upload, display, post, transmit, transfer, license, sell or otherwise exploit content in any form or by any means; (iii) use meta tags or similar hidden text utilizing any name or trademark included in the content; and/or (iv) change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the content.
You acknowledge that no interest, right, or title in any of the content, downloaded or otherwise used, is transferred to the user as a result of any such downloading or use. Actionproof retains full and complete title and reserves all rights in any content downloaded or used in connection with this website.
Improper use of this website
Actionproof respects the intellectual property of others, and we ask that you do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who may infringe or repeatedly infringe the rights of Actionproof or others.
Warranty disclaimer and limitation of liability
Your use of the website is at your sole risk. All website information is provided on an “as is” and “as is available” basis, without warranties of any kind, express, statutory, implied or otherwise, of any kind. Your use of the website, including any content or services therein, is entirely at your own discretion and risk, and you assume total responsibility for your use of the website.
Actionproof, on behalf of itself and its parent, subsidiaries, affiliates, licensors, distributors, agents, representatives, authorized customers and third-party service providers, including any resellers, distributors, service providers and suppliers thereof, and any of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assigns (collectively, the “Actionproof parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, noninfringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. Actionproof does not warrant that the website will be available or operate in an uninterrupted, error-free or completely secure manner or that terrors or defects will be corrected; (b) does not represent or warrant that the website, or any contents or services therein, will be available or operate in an uninterrupted, timely, error-free or completely secure manner, or that errors or defects will be corrected (c) does not represent or warrant that the website or any contents thereof will meet your requirements; and (d) does not make any representations, warranties, or conditions regarding the use or the results of the use of the website, or any content or services therein, in terms of their accuracy, reliability, timeliness, completeness, or otherwise.
Under no circumstances will the Actionproof parties be liable to you or any other person for any damage (including, where permitted under applicable law, for special, indirect, incidental, punitive, exemplary, reliance, or consequential damages) arising out of or relating to this agreement or your use of the site, even if a Actionproof party has been advised of the possibility of such damages.
If, notwithstanding the foregoing, an Actionproof party is found to be liable to you or any other person for any damage or loss arising out of or relating to this agreement or your use of the website, or any content or services therein, the relevant Actionproof party’s total cumulative liability shall in no event exceed the lesser of: (a) the amount you paid Actionproof for your use of the website, and any content or services therein; and (b) the sum of one hundred (100) us dollars.
Some jurisdictions, including European jurisdictions, may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you, including, without limitation, in case of Actionproof’s fraud or gross negligence. In such event, Actionproof’s warranties and conditions with respect to the site and services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
Where permitted by law, you and Actionproof agree that any cause of action arising out of or related to the website or any website information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If your place of residence is within Europe, the above mentioned one (1) year term shall not apply to you.
Governing law and dispute resolution
You and Actionproof agree that all claims shall be submitted to the milan (italy) chamber of arbitration and shall be finally settled under the rules of arbitration of the milan chamber of arbitration by 3 (three) arbitrators appointed in accordance with the said rules of arbitration. The parties agree that the arbitrators shall decide according to the laws of the state of new york, that the seat of the arbitration will be milan (italy) and that the language of the arbitration shall be english.
You and Actionproof further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
You shall not violate or attempt to impair or degrade the security of the website. Violations of system or network security may result in civil or criminal liability. Actionproof reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Where applicable, we respond to notices of alleged infringement as required by the u.s. digital millennium copyright act (“dmca”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through our website, please send your claim or notice of infringement to our designated dmca agent at: [email protected] Please do not send any other correspondence or inquiries to our dmca agent. Our dmca agent will only respond to notices and inquiries that comply with the requirements of the dmca. Please see www.copyright.gov for more information.
The website now or in the future may permit you to submit content such as comments and product reviews (“customer comments”). Any customer comments you submit may be publicly available to other website visitors. Actionproof cannot and does not guarantee any confidentiality or security of any customer comments, and does not warrant or verify the accuracy of any customer comments.
You are solely responsible for any customer comments you submit and the consequences of posting or publishing such. Any material, information or idea submitted or posted on this website by you will be considered non-confidential and non-proprietary. Actionproof may share or otherwise use your submission for any purpose whatsoever: by submitting or posting the above cited material, information or idea you grant any necessary consent to the maximum extent permitted by applicable law.
With respect to any customer comments you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Actionproof all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the website to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Actionproof, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the website; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law; and (ix) collect or store personal data about other customers.
While we are not obligated to do so, we reserve the right to refuse or remove any customer comments from the website for any or no reason, and we expressly reserve the right to refuse or remove any customer content (1) that we reasonably consider to violate this agreement or to otherwise be illegal or objectionable; and (2) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any customer alleged to be using the website in violation of the law.
With respect to all communications you make to Actionproof including, but not limited to, feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Actionproof shall have not obligation to protect your communications from disclosures; (ii) Actionproof shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Actionproof shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.