Terms of Use


Updated: September 14, 2011

PLEASE REVIEW THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU UNDERSTAND AND AGREE TO ACCEPT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL NOTICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

THESE SITE TERMS ARE IN ADDITION TO ANY TERMS THAT MAY APPLY TO YOU UNDER A SALE AGREEMENT OR LICENCE OR OTHER APPLICABLE AGREEMENTS AND TERMS. WHERE THIS SITE OR PART OF THIS SITE CONTAINS RULES, GUIDELINES, CODES OF CONDUCT, FURTHER TERMS OR OTHER DIRECTIONS TO YOU, YOU UNDERTAKE THAT YOU SHALL COMPLY WITH SUCH RULES, GUIDELINES ETC. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY, THESE SITE TERMS SHALL PREVAIL.

DISCLAIMER:
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PX3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PX3 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PX3 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 

INTELLECTUAL PROPERTY DISCLAIMER:
ALL INFORMATION IS PROVIDED FOR INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE A LEGAL CONTRACT BETWEEN P3 ATHLETICS INC., D/B/A PX3 CUSTOM MOUTHWEAR AND HEREIN REFERRED TO AS “PX3”, AND ANY PERSON OR ENTITY UNLESS OTHERWISE SPECIFIED USING THIS SITE. INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO PRESENT CURRENT AND ACCURATE INFORMATION, PX3 MAKES NO GUARANTEES OF ANY KIND.

ALL INTELLECTUAL PROPERTY ON THE WEBSITE IS OWNED BY PX3. YOU AGREE NOT TO MODIFY, COPY, REPRODUCE, OR DISTRIBUTE ANY CONTENT YOU HAVE ACCESSED, DOWNLOADED OR PRINTED FROM THIS WEBSITE WITHOUT PX3'S PRIOR WRITTEN CONSENT.

MODIFICATIONS TO THIS SITE AND THESE SITE TERMS:
PX3 RESERVES THE RIGHT TO CHANGE THESE SITE TERMS AND/OR OTHER RULES, POLICIES OR AGREEMENTS POSTED ON THIS SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE SITE TERMS, AND/OR OTHER RULES, POLICIES OR AGREEMENTS POSTED ON THIS SITE. CONTINUED USE OF THIS SITE AND TRANSACTIONS IN RELATION TO ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE AFTER ANY SUCH CHANGES HAVE BEEN MADE BY PX3 SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. PX3 MAY CHANGE, MODIFY OR WITHDRAW ACCESS TO ANY PRODUCTS AND/OR SERVICES ON THIS SITE AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT CREATING LIABILITY FOR PX3.

PX3 MAY ALSO CHANGE ITS MARKETING MATERIALS INCLUDING ONLINE CONTENT AND TERMS, OR CHANGE, MODIFY OR WITHDRAW ACCESS TO, OR THE CONTENT OF, ITS MARKETING MATERIALS AND ONLINE CONTENT AND ITS SITE PAGES AT ANY TIME, WITH OR WITHOUT NOTICE, SO YOU SHOULD RECHECK PX3’S LEGAL TERMS PRIOR TO EACH VISIT TO OR USE OF PX3’S MARKETING MATERIALS OR ONLINE CONTENT.

TRADEMARK DISCLAIMER:
THIS WEBSITE CONTAINS SEVERAL PROTECTED MARKS OF PX3 AND ITS AFFILIATES. AS A USER OF THIS WEBSITE, YOU UNDERSTAND THE OWNERSHIP OF THESE MARKS AND AGREE THAT YOU WILL NOT MODIFY OR EXPLOIT THE MARKS. ANY USE OF THE MARKS WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED.

PERMITTED USE DISCLAIMER:
ANY USE OF THIS WEB SITE FOR AN ILLEGAL PURPOSE IS PROHIBITED. BY USING THIS SITE, USER AGREES THAT ANY INFORMATION SUBMITTED TO THIS WEBSITE CANNOT BE DEEMED CONFIDENTIAL OR PROPRIETARY. PX3 RESERVES THE RIGHT TO INVESTIGATE ANY ALLEGED PROHIBITED USE OF THIS WEBSITE AND TO DISCLOSE ANY INFORMATION RELATING TO SUCH PROHIBITED USE. PX3 DOES NOT HOLD LIABILITY FOR AN INDIVIDUAL'S ILLEGAL USE OF THIS WEBSITE. ANY PROHIBITED USE MAY RESULT IN TERMINATION OF SERVICE OR LEGAL ACTION PX3 DETERMINES APPROPRIATE UNDER THE CIRCUMSTANCES.

LINK DISCLAIMER:
ANY LINKS TO EXTERNAL WEBSITES PROVIDED ON PAGES OR RETURNED FROM WEB SEARCH ENGINES ARE PROVIDED AS A COURTESY. THEY SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT BY PX3 OF THE CONTENT OR VIEWS OF THE LINKED MATERIALS.

SUBMITTED MATERIAL:
BY SUBMITTING MATERIAL TO ANY OF OUR SERVERS, FOR EXAMPLE, BY E-MAIL OR VIA THE PX3 WORLD WIDE WEB PAGES, YOU AGREE THAT: (A) THE MATERIAL WILL NOT CONTAIN ANY ITEM THAT IS UNLAWFUL OR OTHERWISE UNFIT FOR PUBLICATION; (B) YOU WILL USE REASONABLE EFFORTS TO SCAN AND REMOVE ANY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURES BEFORE SUBMITTING ANY MATERIAL; (C) YOU OWN THE MATERIAL OR HAVE THE UNLIMITED RIGHT TO PROVIDE IT TO US AND PX3 MAY PUBLISH THE MATERIAL FREE OF CHARGE AND/OR INCORPORATE IT OR ANY CONCEPTS DESCRIBED IN IT IN OUR PRODUCTS WITHOUT ACCOUNTABILITY OR LIABILITY; AND (D) YOU AGREE NOT TO TAKE ACTION AGAINST US IN RELATION TO MATERIAL THAT YOU SUBMIT AND YOU AGREE TO INDEMNIFY US IF ANY THIRD PARTY TAKES ACTION AGAINST US IN RELATION TO THE MATERIAL YOU SUBMIT. WHEN SUBMITTING MATERIAL YOU ALSO AUTOMATICALLY GRANT (OR WARRANT THAT THE OWNER OF SUCH CONTENT EXPRESSLY GRANTED) PX3, AND ITS DESIGNEES A PERPETUAL, ROYALTY-FREE, IRREVOCABLE, AND NON-EXCLUSIVE RIGHT AND LICENSE TO USE (INCLUDING COMMERCIAL USE AND EXPLOITATION), COPY, SUB-LICENCE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, PUBLICLY PERFORM, DISPLAY AND DISTRIBUTE YOUR MATERIAL (INCLUDING ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED THEREIN), AND CREATE DERIVATIVE WORKS FROM AND INCORPORATE YOUR MATERIAL (OR ANY PART THEREOF) INTO ANY FORM, MEDIUM, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED THROUGHOUT THE WORLD. IN ADDITION, YOU WARRANT THAT YOU HAVE THE RIGHTS NECESSARY TO GRANT SUCH LICENCE AND THAT ALL SO-CALLED "MORAL RIGHTS" IN ANY OF YOUR SUBMITTED MATERIAL HAVE BEEN WAIVED. ALL OF YOUR SUBMITTED MATERIAL WILL BE CONSIDERED NON-CONFIDENTIAL, NOT SUBJECT TO ANY USE RESTRICTIONS AND NO SUCH MATERIAL WILL BE SUBJECT TO ANY OBLIGATION OF CONFIDENCE ON PX3’S PART.

HOWEVER, THIS SECTION DOES NOT APPLY TO ANY PERSONAL INFORMATION SUBMITTED BY YOU THAT IDENTIFIES YOU. THIS WILL BE PROCESSED ONLY AS PROVIDED IN THE PX3 PRIVACY POLICY ON THIS SITE AND IN THE PRIVACY POLICY SECTION OF THE DATA OR REGISTRATION SUBMISSION FORM OF THIS SITE, ELSEWHERE IN THESE SITE TERMS AND ANY OTHER TERMS AND CONDITIONS WHICH APPLY SPECIFICALLY TO ANY RELEVANT TRANSACTION (IF ANY) BETWEEN YOU AND PX3. PX3 DOES NOT AND CANNOT REVIEW THE CONTENT POSTED AND SUBMITTED BY YOU ON THIS SITE AND IS NOT RESPONSIBLE FOR SUCH CONTENT. PX3 MAY AT ANY TIME, AT ITS SOLE DISCRETION, REMOVE ANY CONTENT POSTED BY YOU.

GENERAL:
YOUR USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE PROVINCE OF ALBERTA, CANADA. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PX3 PRODUCTS AND SERVICES) SHALL BE IN THE PROVINCIAL OR FEDERAL COURTS LOCATED IN CALGARY, ALBERTA, CANADA. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PX3 PRODUCTS AND SERVICES) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. PX3’S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS AND CONDITIONS.

LIABILITY AND WARRANTY DISCLAIMER:
THIS SITE AND THE SITE CONTENTS ARE PROVIDED AS A CONVENIENCE TO YOU. THE CONTENTS OF PX3 WORLD WIDE WEB PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PX3 DOES NOT WARRANT THAT ITS WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. PX3 RESERVES THE RIGHT TO REVISE THE PAGES OR WITHDRAW ACCESS TO THEM AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. PX3 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE AND/OR ANY SERVICE, EVEN IF PX3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PX3 WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF ANY INACCURATE, OUT OF DATE, INAPPROPRIATE OR INCOMPLETE INFORMATION OR MATERIAL IS LISTED ON THIS WEBSITE, OR IF THERE IS ANY POSSIBLE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, PLEASE CONTACT PX3 AT 800-951-8922 OR CUSTOMERSERVICE@PX3MOUTHWEAR.COM.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK
DO NOT USE THIS PRODUCT UNLESS YOU AGREE WITH THE FOLLOWING TERMS AND CONDITIONS:

BEFORE USING A PX3 PRODUCT, THE PURCHASER/USER HAS CAREFULLY REVIEWED, UNDERSTOOD AND AGREES TO COMPLY WITH THE TERMS OF USE. PX3 PRODUCTS ARE DESIGNED FOR USE DURING PHYSICAL ACTIVITIES, ATHLETICS AND MILITARY OPERATIONS THAT INHERENTLY INVOLVE CERTAIN RISKS, DANGERS AND HAZARDS, WHICH CAN RESULT IN SERIOUS PERSONAL INJURY OR DEATH. THE PURCHASER/USER OF THIS PRODUCT UNDERSTANDS THAT PX3 IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO PROPERTY SUSTAINED WHILE USING THIS PRODUCT BY THE PURCHASER/USER, AND THE PURCHASER/USER RELEASES PX3 FROM ALL SUCH LIABILITY. THE PURCHASER/USER EXPRESSLY ASSUMES THE RISK OF ANY AND ALL BODILY INJURY, DEATH AND/OR LIABILITY, WHICH MAY RESULT FROM THE PURCHASER/USER’S PARTICIPATION IN ANY ACTIVITIES WHILE WEARING A PX3 PRODUCT. THE PURCHASER/USER AGREES TO HOLD P3 ATHLETICS INC. HARMLESS FROM ANY AND ALL LIABILITY, AND WAIVE AND RELEASE ANY AND ALL CLAIMS OR POTENTIAL CLAIMS AGAINST P3 ATHLETICS INC. (D/B/A PX3 CUSTOM MOUTHWEAR) AND ANY OF ITS RESPECTIVE AGENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, INSTRUCTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS AND MANUFACTURERS IN THE EVENT OF ANY SUCH BODILY INJURY OR DEATH WHICH MAY RESULT FROM THE PURCHASE AND/OR USE OF ANY P3 ATHLETICS INC. (D/B/A PX3 CUSTOM MOUTHWEAR) PRODUCTS. IN THE EVENT OF THE PURCHASER/USER’S DEATH OR INCAPACITY WHILE WEARING THIS PRODUCT, THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES.