PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY 2P Performance, LLC WEB SITE (“WEB SITE”). USE OF THIS WEB SITE INDICATES ACCEPTANCE OF THESE TERMS AND CONDITION. IF YOU DO NOT AGREE TO THE TERMS HEREOF, DO NOT USE THIS WEB SITE.
I. User Terms and Conditions
These terms and conditions, together with our Privacy Policy, govern your use of 2POOD.com and any other online information services operated or provided by 2P Performance, LLC (the “Owner”). By using this web site you consent and agree to these terms and conditions.
II. Copyright
The material provided on this website is protected by copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, whether online, via email, RSS podcasts, feed, in print, or otherwise accessible, (“Content”) are Copyright © 2009 by 2P Performance, LLC. Unless otherwise explicitly stated by the Owner, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of the Owner.
It is the policy of the Owner to respect the copyright protections given by federal law to owners of digital materials and software. It is against Owner’s policy for anyone to use Owner’s web site, equipment or services to access, use, copy or otherwise reproduce, or make available to others any copyright-protected digital materials or software except as permitted under copyright law or specific license. Any software or embedded code provided through web site may be used only to the extent specified in the various software licenses.
III. Claims of Copyright Infringement
If you believe that this site contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
* A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of the location on this site of the work that you claim infringes the copyrighted work;
* Your contact information, including address, telephone number and email address;
* A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
* A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, the Owner has designated an agent to receive notification of alleged copyright infringement occurring in the 2POOD.com domain. If you believe that your copyrighted work is being infringed, notify our designated agent specified below:
ATTENTION: General Counsel
2P Performance, LLC
320 Ridge View Dr
Austin, TX 78628
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
IV. Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this web site are the property of Owner or other third parties. Users are not permitted to use Marks without the prior written consent of Owner or the third party that owns the Mark. “2POOD” is a trademark of 2P Performance, LLC in applicable jurisdictions. Other brands and product names are trademarks of their respective owners.
V. Correspondence Received and Communication
The Owner reserves the right to use as it sees fit any and all information or correspondence sent to it via email, letters, phone, web posting or any electronic or other means of communication. You acknowledge that any communication with or transmission to the Owner may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and the Owner.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through the Owner any information that (i) restricts or inhibits any other user from using or enjoying the web site, (ii) in the Owner’s discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, or offensive, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
VI. Disclaimer; No Warranty
The Owner makes no representations or warranties as to the accuracy of the Content and the Owner does not verify the information contained on the web site. The Owner is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify the Owner of the error or omission; however, the Owner does not warrant that such error or omission will be corrected.
By using the web site, you acknowledge and agree that the Owner has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the web site.
You agree to indemnify, defend, and hold harmless the Owner and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the web site or any breach by you of these Terms and Conditions. The Owner reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of the Owner.
THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE. THE OWNER DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE; NOR DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR ITS CONTENT. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE OWNER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY OR MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE OWNER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
VII. External Sites
The Owner is not responsible for the availability of, or the content located on or through, any external site referenced on its web site or in its communications or any interface incorporated into the web site. You should contact the web site administrator of those external web sites if you have any concerns regarding the content located on them. Neither links located on the web site nor any Content constitute an endorsement by the Owner of any third party products, statements, representations or services.
VIII. Modifications
The Owner may change, suspend or discontinue all or any aspect of the web site at any time, including the availability of any database, feature, or Content, without prior notice or liability. The Owner reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
IX. Acceptance; Miscellaneous
Your continued use of the web site constitutes your binding acceptance of these Terms and Conditions, including any changes or modifications made by the Owner. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the web site.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Owner with respect to your use of the web site. Any cause of action you may have with respect to your use of the services must be commenced with one (1) year after the claim or cause of action arises.
X. Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Texas without regard to conflicts of laws provisions. Exclusive jurisdiction for any action related to these Terms and Conditions shall be an appropriate state or federal court located in the Austin, Texas area.
XI. Questions
Questions regarding these terms and conditions may be directed to us by using the “Contact Us” link on this web site.
Thank you for your interest in 2POOD.com. We hope your visit to our web site is enjoyable.