YOUR RIGHT TO USE THE SITE AND ITS CONTENTS
All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any licence to utilize those proprietary logos, service marks, or trade marks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal and non-commercial use at home. If you download any Content from the Site, you may not remove any copyright or trade mark notices or other notices that accompany it.
RIGHTS TO USER'S MATERIAL
The Company welcomes your feedback and is pleased to have you submit your comments regarding its products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or materials related to the business of the Company. If despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of the Company either directly to the Site or indirectly by means of any third party, including without limitation, Bazaar Voice, Facebook, Instagram, Youtube, Pinterest or Twitter (Submissions), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions. Without limitation to the foregoing the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
Company does not usually actively supervise, edit, control, monitor or censor the Submissions. However, Company may from time to time review Submissions and you acknowledge that Company retains the right to edit or take down Submissions and may suspend you from participating on the Site in Company's sole discretion. You also acknowledge that some views or opinions expressed are those of other users of the Site which are not necessarily shared by Company and Company does not endorse any Submissions or any opinion, recommendation or advice contained in them.
You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against Company based on the contents of any Submissions included on this Site.
By posting Submissions on the Site you agree to the following:
(a) you are entering into a communication with us and we can contact you via email and other commercial electronic messages in relation to the Submissions or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice and you may Contact Us to provide the notice.
(b) if you have chosen to receive e-mail updates and newsletters, if any, these can be cancelled at any time and you may Contact Us to provide the notice of cancellation.
SECURITY OF ELECTRONIC TRANSMISSIONS
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
LINKS TO OTHER WEBSITES
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site unless it is owned or published by the Company. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.
DESCRIPTIONS OF PRODUCTS
The Company attempts to provide accurate descriptions of all products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free.
AVAILABILITY OF PRODUCTS
The products displayed on the Site may not be available in your particular country, state or locality. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.
Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
All health and medical information or advice displayed on this Site, if any, is not intended to be relied upon or used by you in isolation. We may use the services of qualified health and medical professionals but the Company is not qualified to and does not provide medical advice. Any health or related information displayed on this Site should not be used in place of the advice of your doctor or other health care provider. We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment. Company recommends that you consult with your doctor prior to commencing any training programs created and displayed on the My ASICS site. You should never disregard medical advice or delay seeking it because of something you have read on this Site. You should always seek prompt medical care for any specific health issue.
Company is under no obligation to keep and maintain any data entered or submitted by you to My ASICS. Company is not obliged to make any back-up(s) of data submitted by you.
The inclusion of any advertising or other information or third party material on any page of the Site which promotes products or services to be supplied by a party other than the Company does not imply that Company endorses or recommends any such party, product or service.
While all reasonable care has been taken in publishing and maintaining the Site, Company and sponsors of any material presented on the Site accept no liability or responsibility whatsoever for, or in respect of, any use of the Site or any reliance upon material contained on the Site or any linked Site. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Company will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.
You expressly acknowledge and agree that Company does not exert control over users of the Site and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any direct, consequential, incidental, indirect, punitive, or special damages that result from (A) the use of, (B) the inability to use, (C) errors or omissions in the contents and functions of, the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. To the extent that the Competition & Consumer Act, 2010 does not allow the exclusion or limitation of consequential or incidental damages, the above limitation or exclusion may not fully apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed AUD$1.00.
Without limitation to the foregoing, Company’s liability, if any, for any breach of a condition, warranty or guarantee implied by the Competition & Consumer Act, 2010 which cannot be excluded is limited to any one or more of the following as determined by Company in its absolute discretion:
(a) in the case of goods, the replacement or repair of the goods or the supply of equivalent goods; or the payment of the cost of repairing the goods or of supplying equivalent goods; and
(b) in the case of services, the supply of the service again; or the payment of the cost of having those services supplied again.
INDEMNITY AND WAIVER BY USER
If you use the My ASICS free on-line running service you agree to assume full responsibility for all risks and inherent dangers including risk of injury and you hereby waive all of your legal rights of action against and fully release the Company for all loss, damages, injury or death howsoever arising out of or in relation to your use of My ASICS including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Company, its officers, employees, contractors and agents.
You further acknowledge and agree that your use and reliance on My ASICS is voluntary and absolutely at your own risk and you fully appreciate the nature and extent of all risks involved in such use or reliance. This waiver shall bind you and your executors.
USE OF SITE BY CHILDREN