TERMS AND CONDITIONS
These Terms and Conditions of Use (the “Terms”) set forth the terms on which Ryderz Compound, Inc., d/b/a nofear.com, (“No Fear”) provides you access to this web site (“Site”). By visiting or shopping at this Site, you accept the following Terms. Please read them carefully. If you do not agree to the Terms, you may not use this Site or other services. We reserve the right, at any time, to modify, alter, or update the Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on this Site.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Ryderz Compound IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ryderz Compound DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, NO FEAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Ryderz Compound nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Ryderz Compound also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site ('Content') are the property Ryderz Compound, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Ryderz Compound.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Ryderz Compound. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any content from the Site except as expressly permitted by these Terms. Doing so will violate Ryderz Compound's copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Ryderz Compound trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Ryderz Compound uses in connection with the Site shall remain the exclusive property of Ryderz Compound. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Ryderz Compound. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
CONTENT PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Ryderz Compound or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Ryderz Compound is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Ryderz Compound and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner and in any media formats and through any media channels. You also grant Ryderz Compound and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
NO FEAR, FMF, and FEARLESS are registered trademarks in the United States and other countries; SOCAL and NOCAL are also trademarks that Ryderz Compound uses. Ryderz Compound trademarks may not be used without written permission and specifically should not be used in connection with any product or service that is not identifiable as belonging to nofear.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ryderz Compound.
Any rights not expressly granted herein are reserved.
NOTICE REGUARDING COPYRIGHT AGENT
Ryderz Compound does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
LINKS TO THIRD PARTY SITES
The No Fear Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Ryderz Compound and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Ryderz Compound is not responsible for webcasting or any other form of transmission received from any Linked Site. Ryderz Compound is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by No Fear of the Linked Site or any association with its operators.
Your Posts. Visitors to the Ryderz Compound Site ("users") may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.
Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:
No Spam or Inappropriate Content. You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Ryderz Compound will fully cooperate with any law enforcement authorities or court order requesting or directing Ryderz Compound to disclose the identity of anyone posting any such information or materials.
You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. Ryderz Compound will remove all User Content if we are properly notified that such User Content infringes on another person's rights. You acknowledge that Ryderz Compound does not guarantee any confidentiality with respect to any User Content.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Ryderz Compound does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of Ryderz Compound. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Ryderz Compound assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Ryderz Compound with respect to such User Content. To notify us of any inappropriate User Content, email email@example.com.
Ryderz Compound does not guarantee, warrant or endorse any product or service not manufactured or performed by Ryderz Compound, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Ryderz Compound. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Ryderz Compound.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Ryderz Compound reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
You agree to defend, indemnify and hold Ryderz Compound harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ryderz Compound as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ryderz Compound with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ryderz Compound with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms are effective until terminated by either party. You may terminate your agreement with Ryderz Compound at any time by no longer accessing this Site and destroying all materials obtained from the Site. Ryderz Compound reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.