TERMS OF USE

Please read the following terms of use along with all other agreements, disclaimers and disclosures displayed on this website (collectively, “terms of use”) carefully before using the website and any content available therein (the “website”) of Erreà® sport usa inc. (“erreà”). All users of this website agree that access to, browse and/or use of, this website are subject to the following terms of use and other applicable law. If you do not agree to these terms and conditions, you may not access or otherwise use this website.

Acceptance of the Terms of Use

Your access, browse and/or use of this Website are governed by the present Terms of Use. By accessing, browsing and using our Website you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

Revisions

We reserve the right to modify these Terms of Use at any time. You agree to review the Terms of Use each time you use the Website to determine if any changes have been made and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this Website.

Copyright

The entire content included in this Website, including but not limited to all text, design, graphics, sound recordings, images and code is the property of Erre®à and accordingly protected by copyright. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless previously authorized by Erreà in writing.

Trademarks / Intellectual Property

All trademarks, service marks and trade names of Erreà used in the Website (including but not limited to the Erreà name) are trademarks or registered trademarks of Erreà® or its licensors. They may not be used without Erreà®'s prior written permission. Any other intellectual property on the Website, including, but not limited, to patents, issued or pending, are the sole property of Erreà and/or its licensors.

Third-Party Links

In an attempt to provide increased value to our visitors, Erreà may link to websites operated by third parties. However, even if the third party is affiliated with Erreà®, Erreà® has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Erreà, and Erreà expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the linked websites. These linked websites are only for your convenience and therefore you access them at your own risk. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Indemnification

By accessing this Website, you agree to indemnify, defend, and hold harmless Erreà, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this Website or your breach of the terms of use of this Website.

Privacy

Erreà is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the Website is described in our Privacy Policy, which is incorporated into these Terms of Use by this reference.

No Warranty. Disclaimer

This website and the materials and products on this website are provided "as is", "as available" and "with all faults" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Erreà® and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Erreà and its affiliates do not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. Erreà and its affiliates do not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, completeness, fitness for a particular purpose or otherwise. No oral or written statements by erreà or its affiliates will create any warranty not expressly set forth herein.

Some states/jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In such states/jurisdictions, our liability shall be limited to the greatest extent permitted by law. Erreà® disclaims any and all liability for the acts, omissions and conduct of any users or other third parties in connection with or related to your use of the website. You assume total responsibility for your use of the website and any linked sites. Your sole remedy against erreà for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Limitation of Liability

Regardless of whether any remedy set forth herein fails of its essential purpose, under no circumstances will erreà and/or any of its licensors, directors, officers, employees or affiliates be liable for any lost profits, lost opportunity, direct, special, incidental, indirect, punitive, exemplary or consequential damages that result from the use of, or the inability to use, the website or any portion thereof, the materials on this website or the performance of the products advertised through the website or the conduct of other users of this website, even if erreà, its affiliates or a respective representative has been advised of the possibility of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.

Some states/jurisdictions may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states/jurisdictions, our liability shall be limited to the greatest extent permitted by law.

If, notwithstanding the other provisions of these terms of use, Erreà® or any of its affiliates is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website or any content, Erreà®'s liability shall in no event exceed us$100.00.

Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

Term; Termination

These Terms of Use are applicable to you upon your accessing the Website. Erreà® reserves the right in its sole discretion to terminate or restrict your use of the Website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Erreà without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Indemnification, Warranty Disclaimer, Limitation of Liability and Miscellaneous, shall survive any termination of these Terms of Use.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and Erreà® with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. Your use of this Website shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York, New York. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive electronic communications from Erreà. You agree that any notice, agreement, disclosure or other communication that Erreà sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Erreà's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Erreà may assign its rights and duties under these Terms of Use to any party at any time without notice to you.