Terms of Use
Welcome to the Modo Sports Web site (the “Site”). Please review the following basic terms that govern your use of this Site (this “Agreement”). This Site is operated and controlled by Modo Sports, an affiliate of Modo Sports. (“CSI”). CSI grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to CSI that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement, CSI will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of this Site (including without limitation Modo Sports are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the “Intellectual Property”) owned, controlled or licensed by CSF Corp. (an affiliate of Charming Shoppes, Inc.), its affiliates and subsidiaries and others (collectively, “Modo Sports”). This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Modo Sports aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Modo Sports, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Modo Sports.Modo Sports prohibits use of any logo of Modo Sports or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Modo Sports in writing. Fair use of Modo Sports Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners.
Links to Third-Party Sites
This Site may contain links to Sites owned or operated by parties other than CSI. Such links are provided for your reference only. CSI does not monitor or control outside Sites and is not responsible for their content. CSI’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does CSI’s inclusion of the links imply that CSI is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Site.
Postings on this Site are made at such times as CSI determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. CSI does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
THIS SITE IS OPERATED BY MODO SPORTS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMING SHOPPES INTERACTIVE, INC., MODO SPORTS AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE CHARMING BUSINESSES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE CHARMING BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE CHARMING BUSINESSES OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE CHARMING BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE CHARMING BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE CHARMING BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
You agree to defend, indemnify and hold the Charming Businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site.
Third-Party Articles
From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by the Charming Businesses of the material contained therein. The opinions contained in any such article are not necessarily the opinion of the Charming Businesses. NO INFORMATION ON THE SITE RELATING TO HEALTH AND/OR FITNESS SHOULD BE DEEMED TO BE MEDICAL ADVICE AND THE CHARMING BUSINESSES DO NOT PURPORT TO BE MEDICAL EXPERTS. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE UNDERTAKING ANY PROGRAM OF PHYSICAL EXERTION.
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Site you may return it with the original packing receipt in accordance with our Return Policy.
Contacting Us/Feedback, Postings and Communications
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to CSI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site, including, without limitation, postings in any chat room (collectively, “Communication”) shall be and remain the property of CSI. Such disclosure, submission or offer of any Communication shall constitute an assignment to CSI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, CSI will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. CSI is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through this site. You agree that CSI may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that CSI may (but shall not be obligated to) send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of CSI’s products or services, or for such other purpose(s) as CSI deems appropriate.
CSI reserves the right to remove any postings to the Site’s bulletin board that CSI deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While CSI will periodically review the posted materials and attempt to remove offensive postings, CSI does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, CSI does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by CSI from time to time in CSI’s sole discretion. CSI may, but is not obligated to, monitor any chat room activity and refuse access to any user CSI determines, in its sole discretion, is not complying with the terms of use.
General Information
You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bucks County, Pennsylvania, USA, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. CSI has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, 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 govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Bucks County, Pennsylvania, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site.
You agree that CSI may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and CSI as a result of this Agreement or your use of this Site.
CSI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CSI’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CSI with respect to such use.
This Agreement constitutes the entire agreement between you and CSI with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CSI with respect to this Site. No modification of this Agreement shall be effective unless it is authored by CSI or its affiliates, or unless it is physically signed by a CSI officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by CSI in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by CSI in printed form.
