Terms & Conditions of Use

 

General: Please review the following basic terms that govern your use, and purchase, of products from PFFlyers.com. We may, from time to time, change the terms that govern your use of PFFlyers.com, and your use of pfflyers.com following any such change constitutes your agreement to follow and be bound by the terms as changed.

 

Trademarks & Copyrights: PF Flyers, the PF Flyers logo, and other PF Flyers trademarks and logos are registered and unregistered trademarks and service marks of Kassia Designs, LLC. Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of Kassia Design LLC specific for each such use. The Trademarks may not be used to disparage Kassia Designs, PF Flyers, or the applicable third party, Kassia Designs, PF Flyers, or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Kassia Design’s prior written consent. All goodwill generated from the use of any PF Flyers or Kassia Designs Trademark shall inure to PF Flyers’ website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by Kassia Designs. All rights reserved.

 

All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of Kassia Designs or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of Kassia Designs and protected by U.S. and international copyright laws. Notwithstanding the foregoing, Kassia Designs is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by Kassia Designs may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Kassia Designs. Modification or use of the content or material for any other purpose would violate Kassia Designs’ and/or its licensors' intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by Kassia Designs and/or its licensors. Kassia Designs does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.

 

Any other intellectual property embodied in the Service or Kassia Designs products, including without limitation patents, issued or pending, are the sole property of Kassia Designs and/or its licensors.

 

Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify Kassia Designs of any unauthorized use of your username and password by sending an email to info@pfflyers.com.

 

Kassia Designs may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) Kassia Designs shall have no liability to you or any third party in such case. Kassia Designs shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.

 

Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.

 

You are solely responsible for your interactions with other Members. Kassia Designs reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without Kassia Designs’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that Kassia Designs endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph of another person that you have posted without that person's consent.

 

By submitting Content to Kassia Designs through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Kassia Designs the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will Kassia Designs be required to treat any Content as confidential (subject to the Service's Privacy Policy). Kassia Designs will be entitled to use the Content for any purpose whatsoever (consistent with the Service's Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, Kassia Designs will not be liable to you or any other person for any ideas for Kassia Designs's business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of Kassia Designs.

 

You acknowledge that you are responsible for whatever Content you submit, and you, not Kassia Designs, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

 

Kassia Designs shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, Kassia Designs shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).

 

The Service may link to other websites which are not maintained by Kassia Designs and which are owned and operated by third parties. You acknowledge that Kassia Designs is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by Kassia Designs and/or the Service. Viewing of any website linked to the Service is at your own risk.

 

You may not link to any of the websites in the Service other than www.pfflyers.com from another site without Kassia Designs’ written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without Kassia Designs’ written consent.

 

You hereby agree to indemnify, defend and hold harmless Kassia Designs and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Indemnitee from or against any liability, damages or costs incurred as a result of any action or inaction of such Indemnitee. Kassia Designs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Kassia Designs. You shall cooperate as fully as reasonably required in the defense of any claim.

 

IF YOU ARE A USER FROM NEW JERSEY, YOUR OBLIGATIONS UNDER THIS SECTION 7 (INDEMNIFICATION) ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

KASSIA DESIGNS, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “KASSIA DESIGNS PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE KASSIA DESIGNS PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KASSIA DESIGNS PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE KASSIA DESIGNS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

THE KASSIA DESIGNS PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE KASSIA DESIGNS PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE. IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION 8 (DISCLAIMER) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

THE KASSIA DESIGNS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. THE KASSIA DESIGNS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE KASSIA DESIGNS PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE KASSIA DESIGNS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE KASSIA DESIGNS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.

 

IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION 9 (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 (DISCLAIMER) AND 9 (LIMITATION OF LIABILITY) MAY NOT APPLY TO OR BE ENFORCEABLE WITH RESPECT TO USERS FROM SUCH JURISDICTIONS.

 

Kassia Designs may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. Kassia Designs may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever. Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 4 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 5 (SUBMISSIONS AND COMMUNICATIONS), 6 (LINKS), 7 (INDEMNIFICATION), 8 (DISCLAIMER), 9 (LIMITATION OF LIABILITY), 11 (TERMINATION) and 17 (MISCELLANEOUS) shall survive the termination of this Agreement.

 

You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. KASSIA DESIGNS IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

 

You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by Kassia Designs in writing.

 

In order to participate in certain contests, promotions, or other special programs made available through the Service, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participating in the applicable contest promotion and/or other special program will be subject to this Agreement and the applicable Program Terms, provided, however, that in the event of a conflict between the Program Terms and this Agreement, the applicable Program Terms will govern.

 

This Service is based in Boston, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

 

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content. In compliance with California law (SB 657), Kassia Designs: (a) undertakes to verify its product supply chains to evaluate and address risks of human trafficking and slave labor; (b) conducts various types of independent audits, both announced and unannounced, of its suppliers to evaluate supplier compliance with Kassia Designs standards for trafficking and slavery in supply chains. Such audits conducted under this program are performed by Kassia Designs and third-parties; (c) requires certification by its direct suppliers that materials used to make its products are from suppliers that comply with laws regarding slavery and human trafficking in the country or countries in which they are doing business; (d) maintains internal accountability standards and procedures; and (e) provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigation risks within the supply chain of products. For more information on Kassia Designs’ internal accountability standards, please contact customercare@newbalance.com.

 

The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

 

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Kassia Designs at info@pfflyers.com.