Impact Sports

Impact Sports Technologies Website Terms and Conditions of Use
The following rules ("Terms and Conditions") govern the use of the Website located at URL www.impactsports.com and the services offered on this site (our "Site"). Please read the following Terms and Conditions carefully.

By using our Site, you understand and agree to accept without modification and to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site.

Modification of These Terms and Conditions Impact Sports Technologies, Inc. ("Impact Sports Technologies," "we" or "us") reserves the right to change these Terms and Conditions at any time, effective immediately upon posting them on our Site and accompanied by the posting of a notice of change on the home page of our Site.

Copyrights and Trademarks of Impact Sports Technologies Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, Site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are: Copyright Impact Sports Technologies, the Company ("Impact Sports Technologies") and/or its suppliers. ALL RIGHTS RESERVED. Impact Sports Technologies and the names of Impact Sports Technologies products and/or services referenced herein are trademarks or registered trademarks of Impact Sports Technologies. Other product and company names mentioned herein may be the trademarks of their respective owners. All audio and video clips, content, and software on our Site are the property of Impact Sports Technologies and/or its partners, distributors, content providers, or suppliers and are protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site provided that (1) use of such information from our Site is for informational, personal and non-commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) no modifications of such information shall be made. Except as expressly provided above or as otherwise permitted by contract with Impact Sports Technologies, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at support@impactsports.com. All rights not expressly granted herein are reserved.

The following is a list of trademarks, service marks and logos owned by Impact Sports Technologies:

Impact Sports Technologies
Elevate Your Game
Power Glove
Fitness at Your Fingertips
ePulse Personal Fitness Assistant

The absence of a product or service name, slogan or logo from the above list does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Impact Sports Technologies. All other trademarks or service marks are the property of their respective owners. The use of any Impact Sports Technologies trademark or service mark without our express written consent is strictly prohibited.

Software Available on this Site Any software that is made available to download from this Site ("Software") is the copyrighted work of Impact Sports Technologies and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Impact Sports Technologies hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions, and for no other purpose.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Authority to Use This Site If you are a registered user, you agree that you will maintain accurate and up-to-date account information.

You agree that you will not misuse or abuse account access and passwords. You are responsible for the security and monitoring of account access information under your control and information that you obtain from this Site. You agree that only you will use your password and that you will take all reasonable precautions to protect its secrecy and the confidentiality of information that you obtain from this Site.

You further certify that you in accessing any portion of Impact Sports Technologies Site you are acting with valid authority, business or personal, to use the Site and access the information on it; you will not share your account access information or password and you will protect your access credentials from disclosure; you will not permit unauthorized parties to access or view the Site or information obtained from this Site; and you will promptly notify Impact Sports Technologies of any suspected compromise of your access credentials or this Site.

Third-Party Content Certain content from third parties may be made available as part of our Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.

Links Our Site may have hyperlinks ("links") to third-party sites. Clicking on such a link to a third-party site will let you leave our Site. These links are provided to you as a convenience. The linked third-party sites are not controlled or endorsed by Impact Sports Technologies and Impact Sports Technologies is not responsible for the contents or functionality of any linked third-party site, any link contained in a linked third-party site, or to the conduct of the parties associated with such third-party sites. However, if you have a problem with a link from our Site, please notify us at support@impactsports.com. We will investigate the link and take appropriate action.

Compliance with Laws You agree to comply with all applicable statutes, regulations, and legal obligations, including those relating to the privacy of individuals, regarding your use of our Site, the services we offer through our Site, and information obtained from our Site. You understand and agree that We may, in our sole discretion, report suspected violations to the appropriate authorities or parties.

Termination You understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site, to your account on our Site and to any e-mail services offered on our Site, and may remove any content you have provided or any data related to your account based on our determination that your Use of the Site or use of the Site associated with your account violates or is inconsistent with these Terms and Conditionsor disrupts or interferes with the operation of this Site, Impact Sports Technologies’ business, or another user's use of the Site.

WARNING: YOU UNDERSTAND AND AGREE THAT, IF YOUR ACCESS OR USE OF THIS SITE, SERVICES WE OFFER THROUGH THIS SITE, OR INFORMATION OBTAINED FROM THIS SITE VIOLATES ANY OF THESE TERMS AND CONDITIONS OR IF YOU FACILITATE ANOTHER PERSON'S VIOLATION OF THESE TERMS AND CONDITIONS, YOU AND/OR YOUR COMPANY SHALL BE LIABLE FOR ANY AND ALL CONSEQUENCES AND MAY BE SUBJECT TO LOSS OF ACCESS PRIVILEGES AND/OR LEGAL ACTION BY IMPACT SPORTS TECHNOLOGIES AND ANY OTHER AFFECTED PARTY.

Feedback Regarding comments, feedback, information, or materials ("Feedback") that you submit to us through or in conjunction with our Site. Please note that unless we have agreed in writing to the contrary: (1) Feedback shall become the property of Impact Sports Technologies; (2) any Feedback transmitted to our Site will be deemed non-confidential and non-proprietary as to your right regarding the Feedback; and (3) by sending Impact Sports Technologies any Feedback, you agree to a no-charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, and you also agree that Impact Sports Technologies is free to use any ideas, concepts, know-how or techniques that you send us for any purpose on an unrestricted basis. However, Impact Sports Technologies will not release your name or otherwise publicize the fact that you submitted Feedback to us unless: (a) your permission to use your name is obtained; or (b) you are first notified that the Feedback will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Unavailability of Site or Data Like all Sites, this Site may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions, or other disruptions. Although Impact Sports Technologies makes every reasonable effort to minimize such downtime it Technologies does not guarantee 100 percent availability of this Site or services related to it.

We are not liable for any loss of information resulting from the operation of our Site and/or the enforcement of these Terms and Conditions. We urge all users to maintain their own back-up copy of any information they submit to our Site.

Disclosure: Forward-Looking Statements Some of the information on our Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Impact Sports Technologies. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.

U.S. Export Controls Any software, application or otherwise, made available on our Site is subject to United States export controls. You may not export or re-export any underlying software except in full compliance with this Agreement and all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of "Specially Designated Nationals" or the U.S. Commerce Department's or State Department's "Table of Denial Orders." You represent and warrant that you shall not allow access to such software to any user located in, under the control of, or a national or resident of any such country or on any such list. You agree to indemnify and hold harmless and defend Impact Sports Technologies against any and all liability arising from or relating to your breach of this paragraph.

Disclaimer WHILE WE ENDEAVOR TO PROVIDE ACCURATE, UP-TO-DATE INFORMATION, THE INFORMATION CONTAINED IN OUR SITE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE CANNOT GUARANTEE THAT THE CONTENT OR OTHER INFORMATION PROVIDED THROUGH OUR SITE WILL BE ACCURATE OR UP-TO-DATE OR THAT THE PROCEDURE FOR OBTAINING SERVICES, OR THE SERVICES THEMSELVES WILL OPERATE CORRECTLY. IN THE EVENT ANY SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY DUE TO INCORRECT INFORMATION, TYPOGRAPHICAL ERROR, OR OTHERWISE, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SUCH SERVICES. INFORMATION ON SERVICE AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE.

OUR SITE, SERVICES, AND THE CONTENT AND SOFTWARE ON OUR SITE ARE PROVIDED ON AN "AS-IS" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO OUR SERVICES, THE OPERATION OF OUR SITE, AND THE INFORMATION ON OUR SITE.

IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES OFFERED THROUGH OUR SITE OR USED IN CONJUNCTION WITH OUR SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES.

Limitation of Liability IN NO EVENT SHALL IMPACT SPORTS TECHNOLOGIES AND/OR ITS CONTENT PROVIDERS OR SUPPLIERS 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 OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REYNOLDS OR ANY OF ITS CONTENT PROVIDERS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Applicable Law You agree that any legal action brought against us shall be governed by the laws of the Nevada, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Las Vegas, Nevada. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable in an action, such provision shall be deemed stricken for purposes of that action and all remaining provisions shall be enforced.

Indemnity By using our Site, you agree to indemnify and hold Impact Sports Technologies, Inc., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.

How to Contact Us If you have any comments or questions, please do not hesitate to contact us at support@impactsports.com or at 1-888-537-9763, or write us at:

Impact Sports Technologies, Inc.
7574 Trade Street, Suite B
San Diego, CA 92121