WARRIOR SPORTS (“WARRIOR”) values the privacy of its web site visitors and hopes that the following statement helps you understand how WARRIOR collects, uses, and safeguards the personal information you provide us through our web site, www.warriorlacrosse.com and its pages ("Site"):

 

1.              When you visit the Site, WARRIOR collects personally identifiable information. Personally identifiable information is information that is not otherwise publicly available, and may include such things as your first and last name, e-mail address, postal address, age, gender and other information that you provide to us. Do not submit information that you do not want WARRIOR to access. WARRIOR uses personally identifiable information to provide information and services to Site users and to allow WARRIOR to (i) respond to user questions and comments, (ii) analyze and monitor consumer and customer activity, (iii) promote and support WARRIOR products, and (iv) develop a knowledge base regarding its customers and Site users. WARRIOR may disclose personally identifiable information in response to law enforcement activity, to enforce its contracts or property rights, or when required by law. Information collected may also be transferred in connection with the sale or merger of the company or any division or business line of the company to which the information relates. If WARRIOR hires any third parties to perform services relating to the way the Site functions, it will require them to protect your personally identifiable information in the same way that WARRIOR does.

2.              In addition to the disclosures set forth above, WARRIOR may aggregate personally identifiable information about its users and disclose such information in a non-personally identifiable manner to third parties (including advertisers) for marketing, promotional, and other purposes. In those cases, the third parties will not be able to identify any individual user of the Site based on the disclosures.

3.              WARRIOR may also use different technologies, such as cookies, to passively collect information. The information collected might include the date and time you visit the Site, logs from your browser, your Internet Protocol (IP) address (a unique identifier automatically assigned to your computer when you log onto the Internet), and the page you requested. This information will usually be used to (i) customize the advertising and content you see, (ii) fulfill your requests for products and services, (iii) improve services, (iv) contact you, and (v) enhance your experience. Your browser must be set up to accept cookies in order to fully utilize certain areas of the Site.

4.              WARRIOR intends to use commercially reasonable means to protect the integrity of its Site and the confidentiality of the personally identifiable information that you provide. While WARRIOR considers online security a priority, it cannot provide absolute assurances against, and will not be liable for, any breaches of confidentiality due to system failures or unauthorized access by third parties.

5.              WARRIOR intends this Site for use only by individuals who are 13 years of age or older. If you are not 13 years of age or older, please do not submit any information to WARRIOR on the Site.

6.              WARRIOR reserves the right to change this Privacy Policy at any time. When material changes have been made to this Privacy Policy, WARRIOR will indicate this fact on the Site with a link to the revised version of the Privacy Policy. Any material change to this Privacy Policy will also be indicated on the main page of our Site with a link to the revised Privacy Policy. Please check the Privacy Policy regularly to review the changes.

7.              If you do provide WARRIOR with personally identifiable information, then you may opt out of additional uses of your personally identifiable information. To opt out [insert directions for how to opt out – send an email, call us, etc].

8.              Questions regarding the Site or this Privacy Policy should be sent to [insert email address] or [insert phone number].

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ANY ACCESS TO AND USE OF WARRIORSPORTS.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS").  BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS.  THE TERMS MAY CHANGE FROM TIME TO TIME IN WARRIOR SPORT'S SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED.  IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

 

1.              SITE USE GENERALLY.

1.1            Copyright and Trademark.  The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions.  Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of WARRIOR SPORTS ("WARRIOR").  You may download, copy or print pages for your personal use only.  The Site and its material may not otherwise be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Except as expressly provided herein, WARRIOR does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

1.2            Links to Other Materials.  Some linked sites are not under the control of WARRIOR and WARRIOR is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party.  WARRIOR reserves the right to terminate any link or linking program at any time.  WARRIOR provides such links only as a convenience to you.  WARRIOR has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links.  If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

1.3            Territory.  WARRIOR operates this Site from its office within the United States.  WARRIOR makes no representation that content and materials on this site are legal or appropriate for use from outside the United States.  Please keep in mind that this Site may not conform with the laws of your country.  If you access this Site from outside the United States, you do so at your own risk.  You may not use the Site in violation of United States export laws and regulations.

1.4            Supplier/Product Information.  Any information related to a supplier or product on the Site, which is not part of WARRIOR, does not represent any endorsement by WARRIOR of the quality of the supplier or product offered.

2.              CONTENT. 

2.1            You may submit various content, including without limitation photographs, drawings, literary works, graphics, and audiovisual works (collectively "Content").  WARRIOR  does not guarantee any confidentiality with respect to Content.  WARRIOR may, but is not obligated to, monitor, exercise control over, or review, evaluate, or assess any Content.  WARRIOR will have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content that is available through the Site.  You are solely responsible for the Content you submit and the consequences of posting or publishing it.

2.2            You hereby grant to WARRIOR a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which WARRIOR may sublicense and assign, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content, in connection with WARRIOR'S (and its successors' and affiliates') business, in any media formats and through any media channels; and (b) adapt, modify, re-format and create derivative works of the Content, which derivative works are also subject to the license set forth in clause (a).  WARRIOR'S rights to Content will apply to the Content in any form or medium, whether now known or hereafter known.

2.3            You represent and warrant to WARRIOR that (i) you own or have the necessary licenses and rights to use the Content as contemplated by this Site and to grant WARRIOR the rights that you purport to grant in the Content; and that (ii) the Content does not and will not interfere with, infringe on, violate, or misappropriate any intellectual property or other proprietary rights owned or possessed by any third party.

2.4            You will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own such rights or have permission from their rightful owner to post the material and to grant WARRIOR all of the license rights granted herein.

2.5            Further, you agree not to use this Site to: 

2.5.1        Upload, post, email or otherwise transmit any Content that is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

2.5.2        Harm minors in any way;

2.5.3        Upload, post, email or otherwise transmit any Content that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

2.5.4        Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," unsolicited mass mailings, "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

2.5.5        Upload, post, email or otherwise transmit any Content that contains 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;

2.5.6        Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

2.5.7        Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

2.5.8        "Stalk" or otherwise harass another user of this Site;

2.5.9        Collect or store personal data or attempt to collect or store personal data about other users of the Site;

2.5.10     Solicit passwords or personal identifying information for commercial or unlawful purposes form other users; or

2.5.11     Assist or permit any person to engage in any of the activities described above.

3.              COPYRIGHT VIOLATIONS

3.1            Notification of Alleged Copyright Infringement.  If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ¤ 512(c)(3) that contains substantially the following information:

á                Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.  

á                Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.

á                Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

á                A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

á                A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

á                Your name, mailing address, telephone number and email address.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

WARRIOR SPORTS Designated Copyright Agent

[Address]

Phone:

Fax:

E-Mail:

[We need this information]

            Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer.  The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.

3.2            Counter Notification.  If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. ¤ 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

á                Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

á                A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

á                A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.

á                Your name, address and telephone number.

á                A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

á                Your physical or electronic signature.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

Warrior Sports, Inc.
Attn: Website Inquiries
32125 Hollingsworth
Warren, MI 48092

tel: 800-968-7845
fax: 586-978-7744
e-mail: laxwebinquiries@warriorsports.com

Within a reasonable time after receiving a valid Counter Notification that complies with these requirements, we will restore the Content removed, unless our Designated Agent is informed by the originator of the Notification of Alleged Copyright Infringement that such party has instituted an action in court against you concerning the allegedly infringing Material.

3.3            Repeat Infringers.  In compliance with the DMCA, it is WARRIOR'S policy to terminate users who WARRIOR deems to be repeat infringers of the copyrights of others.  WARRIOR also reserves the right, in its sole discretion, to limit or terminate the rights or membership of users who violate these Terms, through infringement of the intellectual property rights of others, or otherwise.

4.              DISCLAIMER OF WARRANTIES.

4.1            General.  WARRIOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.  WARRIOR UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.

4.2            No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  WARRIOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

5.              LIMITATION OF LIABILITY AND REMEDIES.

5.1            Exclusion.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WARRIOR BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WARRIOR KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

5.2            Indemnification.  You agree to defend, indemnify and hold WARRIOR harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which WARRIOR  may hereafter incur, become responsible for or pay out arising out of your use of the Site, WARRIOR'S display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.

6.              GENERAL TERMS.

6.1            Modification.  WARRIOR reserves the right at any time and in WARRIOR'S sole discretion to change the terms, conditions, and notices under which the Site is offered.  WARRIOR may revise the Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site.  WARRIOR also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  You agree that WARRIOR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

6.2            Jurisdiction.  The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles.  WARRIOR and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts whose jurisdiction includes Oakland or Macomb Counties, Michigan.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

6.3            Equitable Relief.  You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause WARRIOR irreparable damage, which cannot be readily remedied by monetary damages in an action at law.  Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, WARRIOR shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

6.4            Entire Agreement.  The Terms embody the entire agreement and understanding between WARRIOR and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms.  No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.

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