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By accessing or participating in the Program, you accept and agree to be legally bound by the Agreement, whether or not you sign-up as a Member of the Program. It is important that you review the Agreement regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Program, you agree to be bound by and comply with the Agreement and any Additional Terms (defined below). If you do not agree to Agreement, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.
Table of Contents
To participate in the OneASICS program, you must be at the time of Program enrollment: (i) at least eighteen (18) years of age or if you are under eighteen (18) or otherwise under the legal age of majority in the jurisdiction in which you reside and you are at least sixteen (16) years of age, you must obtain your parent's or legal guardian's permission to participate; (ii) with a valid email account; and (iii) a legal resident and physically located in one of the fifty (50) United States or the District of Columbia. Employees, officers, directors, agents and representatives of ASICS are eligible for membership in the Program (“Membership”) but may be excluded from certain promotions. By being a Member of OneASICS, you can take part in special offers, services, events, rewards and much more offered by ASICS ASICS or ASICS partner companies from time to time during the Program Period (defined below). Details about Program benefits and offers can be found at [https://www.onitsukatiger.com/us/en-us/ot-oneasics.html].
By participating in the OneASICS program, you represent and warrant that you are at least eighteen (18) years of age, or you are at least sixteen (16) years of age and have your parent's or legal guardian's permission to participate, and that you, or if you are under eighteen (18) your parent or legal guardian on your behalf, agree to this Agreement. ASICS reserves the right to disqualify Members in the event of fraud, abuse of OneASICS privileges or violation of the Agreement. Your Membership is personal, non-transferable and subject to this Agreement as well as any other rules, regulations, policies, and procedures adopted by ASICS as approved by you upon taking part of offers, rewards, making purchases and other related services. Membership is limited to individuals only and limited to one (1) account per individual. Companies, groups, associations or other entities, or others making commercial or bulk purchases are not eligible for Membership. The Membership may not be used for reselling or profit. It is your responsibility, and a condition for your Membership, to keep your email and contact details up to date in your Account.
2. Program Sign-Up.
To become a Program Member, eligible individuals may sign-up for this Program by visiting https://id.asics.com/register?style=onitsuka_tiger_ana and clicking on the links and following the instructions on the sign-up form. Registration is free. Once registered you will have an online account to track your Program activity (referred to herein as “Member Account”). Individuals who sign-up for the Program and receive a Member Account are referred to in these Terms as, “Members.” Participation in the Program constitutes Member’s full and unconditional agreement to the Agreement and ASICS and ASICS’s decisions, which are final and binding in all matters related to the Program.
In connection with your Member Account, you agree that: (i) you will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) you are solely responsible for all activities that occur under your Member Account – whether or not you authorized the activity; (iii) you are solely responsible for maintaining the confidentiality of your Member Account password and for restricting access to your Device so that others may not access the Program or your Member Account using your name, username, or password; (iv) you will immediately notify us of any unauthorized use of your Member Account, password, or username, or any other breach of security by calling us at the following phone number: (855) 233-3120; and (v) you will not sell, transfer, or assign your Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
3. Earning Benefits. Now or in the future, the Program may offer Members the ability to accumulate and redeem loyalty rewards points, benefits, offers, free trials, access to product previews or other Benefits (collectively, “Benefits”), on an individual basis and solely for Member’s own Member Account. From time to time, we may establish, at our sole discretion, activities pursuant to which Members may “earn” Benefits or other Benefits (“Qualifying Activities”). Examples of “Qualifying Activities” include, but are not limited to:
1. Onitsuka Tiger online or in-store purchases.
2. Completion of specially marked surveys that award Benefits in connection with this Program.
3. Participation in certain on-site Onitsuka Tigerevent fan activations that specifically indicate that Benefits can be earned in this Program.
4. Registering for a Member Account.
5. Reading specific Onitsuka Tiger content (such as articles, videos, press releases) that are specially marked to award Benefits in this Program.
Qualifying Activities may be added, discontinued or be made available again, at any time, and from time to time in ASICS sole and absolute discretion.
To keep your Member Account active, Members must earn Benefits within the previous twelve (12) months. Benefits earned through the Program will expire as indicated in the advertising of the Benefit or twelve (12) months from the last day of Benefits-earning Qualifying Activity on the Member Account. If no new Benefits are earned for a consecutive twelve (12) month period, ASICS shall automatically expire all of your accrued, but unused redeemable Benefits. ASICS may, in its discretion, send you periodic notifications to remind you that your Benefits will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and Benefits status. Additionally, if you fail to log-in to your Member Account for any consecutive twelve (12) month period, your Benefits will automatically expire. Please note that we reserve the right to institute additional expiration dates for Benefits, as determined in our sole discretion. Certain actions taken prior to Program sign-up may be eligible to earn Benefits, in ASICS sole and absolute discretion, and will be automatically credited by ASICS to your Member Account. Benefits are always subject to verification and eligibility determined by us, in our sole and absolute discretion.
We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms, to: (i) change the number of Benefits awarded, or to award no Benefits, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) delete any or all means to earn Benefits, (iv) limit the number of times or frequency a Member may earn Benefits for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Benefits earning opportunities to select groups of Members. Also, ASICS may offer Benefits for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer Benefits for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Benefits will appear in your Member Account.
Each Member will be responsible for ensuring the accuracy of his/her Benefits earned. If a Member believes his/her Benefits are not accurate, or that Benefits earned were not credited, please call us at the following phone number: (855) 233-3120 within six (6) days of the end of the applicable activity. Benefits subsequently determined, in the sole discretion of ASICS, to be invalid, will be removed from a Member’s accumulation total
Any Benefits you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Benefits. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Benefits, which remain ASICS property at all times. Benefits have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Benefits have no purpose or use except as offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Benefits, or offer to purchase, sell, or trade any Benefits or other virtual items. Benefits will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Benefits by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. ASICS reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that ASICS believes, in its sole discretion, that a Member (or Members) have violated this Agreement. You agree to abide by ASICS final and binding decisions regarding the Program and your participation in it.
4. Member-Required Disclosures and Representations and Warranties. In connection with certain Qualifying Activities, from time to time, Members may receive early access to ASICS content that is made available by us through the Program (“Official Content”), and, depending on your selected settings, may include a request for permission to post that Official Content on Member’s behalf at various third party social sharing sites, such as facebook.com, twitter.com, or other sites or services we make available from time to time during the Program (the “Approved Sites”), which Approved Site accounts are registered by Member with the Program (“Site Accounts”) or will provide Member with the option to disapprove Official Content if they have selected the “auto post” content option. Each participant enrolled in this Program (each, a “Member”) who submits or shares Official Content or User Content (defined below) on an Approved Site in connection with this Program is required by these Terms and by law to disclose anything of value that is received by the Member from ASICS or ASICS as encouragement for the Member’s sharing of such content.
You acknowledge and agree that if any such disclosures are included by ASICS within any messaging that you share from the Program, you will not edit, alter or otherwise remove these disclosures from the message. You acknowledge that any failure to abide by the requirements set forth in the previous sentence may result in the termination of your Member Account and forfeiture of all your Benefits. Additionally, if you choose to share Member Content or otherwise disclose your participation in the Program on your own or if the share functionality does not auto-generate the required disclosures, you agree to include the following statements as part of any message that mentions or otherwise references the Program, the User Content, the Official Content, or ASICS: (i) solely, for Tweets® on the Twitter® platform, you agree to include the hashtags “#OneASICSBenefits” and “#sponsored”; and (ii) in any other message posted on any other social media platform, site or blog, you agree to include the following statement directly below the message: “In exchange for sharing content about ASICS, I may earn Benefits or entries into promotions as part of OneASICSBenefits.” Members agree and represent and warrant to the following statements:
I have watched the FTC’s video guidance for bloggers on how to comply with the Guides: http://business.ftc.gov/multimedia/videos/endorsement-guides and will follow the guidance at http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.
B. Forfeiture of Benefits. Any Benefits remaining in a Member Account thirty (30) days after the Program End Date (defined below) will be forfeited without compensation. The Benefits have no cash value and are only redeemable as part of offers available through the Program.
C. Sweepstakes. From time to time, as part of the Program activities, ASICS may elect to conduct sweepstakes, some of which may be open for entry only to Members and other which may be open to the general public (each a “Sweepstakes”). Benefits may also be redeemable for entries in each Sweepstakes that may be offered from time to time as part of the Program activities. All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules. Members may enter the Sweepstakes by redeeming the specified number of Benefits for the specified number of entries as described in the Official Rules.
D. Other Terms Applicable to Benefits. Benefits are provided “as is” with no warranty or guarantee, either express or implied by us. Benefits are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer Benefits nor have Benefits sent to any third party. Benefits may not be redeemed with us for money or exchanged with any third party for money. Some Benefits may have age eligibility requirements. We reserve the right to verify your eligibility qualifications prior to fulfilling a Benefit.
6. Timing and Termination. The “Program Period” will begin on [November 15, 2020] and will end on a date to be determined in ASICS sole and absolute discretion, which date shall be posted on the Program or sent to you via email (the “Program End Date”). ASICS makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. ASICS reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of the Program, including Benefits, and/or extend or shorten the current Program Period at any time without notice. After the Program End Date, Members will no longer be permitted to earn Benefits. Members will have thirty (30) days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which to redeem any remaining Benefits in their Member Account. After such thirty (30) day period, all Benefits will expire and the Program will no longer be available, and no further liability will be owed by us to any Member. Any Benefits remaining in a Member Account thirty (30) days after the Program End Date will be forfeited without compensation. These Terms will remain in full force and effect while you use the Program and/or are a Member.
You may cancel your Membership at any time through the Privacy Portal or by logging into your account, selecting “Personal Details” and unregistering. Please note that cancelling your Membership means that you will only be able to shop at asics.com using the guest check-out.
ASICS may, at its sole discretion, terminate, alter, limit, suspend or modify OneASICS, and/or the Terms at any time, for any reason, without prior notice. ASICS reserves the right to revoke the Membership of any Member in OneASICS and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of ASICS, a Member abuses any OneASICS privileges, fraudulently uses OneASICS, fails to comply with these Terms, does not use the Membership account for more than twelve (12) months, or otherwise earns benefits through deception, forgery and/or fraud. In addition, OneASICS benefits or Member Accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded. Doing so, or attempts to do so, will void the Member Account. In the event that ASICS cancels your Membership or terminates OneASICS for any reason, all of your Member account benefits will be forfeited.
B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by ASICS and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of ASICS, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of ASICS or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, ASICS grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (“ASICS Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the ASICS Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such ASICS Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in ASICS sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or ASICS Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without ASICS written permission.
D. Rights of Others. When using the Program, you must respect the intellectual property and other rights of ASICS and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. ASICS respects the intellectual property rights of others.
(i) General. ASICS may now or in the future offer Members the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Program messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding ASICS Licensed Elements included therein, “User Content”). ASICS may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
In your communications with ASICS, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for vehicles, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Program are deemed User Content and licensed to us as set forth below. In addition, ASICS retains all of the rights held by Members of the general public with regard to your Unsolicited Ideas and Materials. ASICS receipt of your Unsolicited Ideas and Materials is not an admission by ASICS of their novelty, priority, or originality, and it does not impair ASICS right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to ASICS of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to ASICS, and you agree to grant to ASICS, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to ASICS to your User Content, you also hereby grant to ASICS, and agree to grant to ASICS, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8(A)(iii).
(iv) ASICS Exclusive Right to Manage our Venue. ASICS may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and ASICS may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including without limitation, the content restrictions set forth in the Code of Conduct. Such User Content submitted by you or others need not be maintained on the Program by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Program or elsewhere.
(v) Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant ASICS the rights to it that you are granting by these Terms and any Additional Terms, all without any ASICS obligation to obtain consent of any third party and without creating any obligation or liability of ASICS; (b) the User Content is accurate; (c) the User Content does not and, as to ASICS permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. ASICS has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at ASICS cost and expense, to which you hereby consent and irrevocably appoint ASICS as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
9. Member Disputes. You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible or liable for the conduct or content of any Member. ASICS reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Members. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
10. Code of Conduct. You understand and agree that ASICS may review and delete any User Content that in the sole judgment of ASICS violates these Terms or which might be offensive, inconsistent with what is appropriate in our Program, illegal, or that might violate the rights, harm, or threaten the safety of Members. The following is a list of the kind of User Content that is prohibited on the Program. ASICS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Program and terminating the Membership of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:
Even though all of this is strictly prohibited, there is a small chance that Members might become exposed to such items and each Member further waives Member’s right to any damages (from any party) related to such exposure.
Your participation in the Program is subject to these additional rules that are part of our Code of Conduct:
If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Program.
11. Program and Content Use Restrictions.
A. Program Use Restrictions. You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Members; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to ASICS; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Program; (vi) engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, ASICS, or other Members of the Program; (vii) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the ASICS Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of ASICS or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Program and Content. ASICS may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them) in whole or in part for any reason, in ASICS sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Program. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by ASICS and its licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.
A. Linked Sites and Advertisements. In addition to Benefits, the Program may also contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by ASICS, and Members acknowledge that ASICS is not responsible for the content of any such Linked Site or any link contained in a Linked Site. ASICS provides such links only as a convenience, and the inclusion of any link does not imply endorsement by ASICS of any Linked Site. ASICS does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, ASICS is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, ASICS will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. ASICS disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). ASICS disclaims all liability in connection therewith.
13. Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK.
THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, ASICS, ASICS, their parent companies and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Program (including the Content and the User Content) and the Website that makes the Program available;
(b) the functions, features, or any other elements on, or made accessible through, the Program and the Website;
(c) any products, services, or instructions offered or referenced at or linked through the Program and Website;
(d) security associated with the transmission of your User Content transmitted to ASICS or via the Website;
(e) whether the Website or the servers that make the Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Website will be repaired or corrected;
(h) whether your access to the Website will be uninterrupted;
(i) whether the Website will be available at any particular time or location; and
(j) whether your use of the Program is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, ASICS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
14. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(b) your activities in connection with the Program and Website;
(c) your use of or inability to use the Program, or the performance of the Website associated with the Program;
(d) any action taken in connection with an investigation by Program Parties or law enforcement authorities regarding your access to or use of the Program;
(e) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(f) any errors or omissions in the Program’s and Website’s technical operation; or
(g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Program).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROGRAM PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID ASICS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY ASICS OR A MANUFACTURER OF A PHYSICAL PRODUCT.
15. Our Rights. ASICS reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Members. ASICS may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the Benefits, items or benefits you may have accrued. Each Member agrees that ASICS will not be liable to the Member or any third party for any modification or discontinuance of the Program. ASICS reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by ASICS, including determinations of eligibility, and proper authorization of Point and item redemption, shall be final and conclusive in each case. ASICS reserves the right to terminate any Member’s participation in the Program, to deny award of any item and/or terminate service if, in ASICS sole judgment, such Member has in any way violated these Terms.
16. Fraud. Fraud or abuse relating to the registration process, providing of personal information, or redemption of items is a violation of these. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify ASICS of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. ASICS reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Benefits if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Terms and applicable law.
ANY ATTEMPT BY ANY MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. ASICS RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your User Content; (ii) your use of the Program and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Terms or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website and the Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of ASICS. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
18. Updates to Terms. These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your Member Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.
19. Communications, Notices & Customer Service.
If you have any questions regarding the OneASICS program, you may contact customer service at (855) 233-3120 (toll-free). All correspondence regarding the ASICS OneASICS program by ASICS should be addressed to CustomerCare-US@asics.com.
You agree that ASICS may contact you via mail, email, and other channels about marketing, special OneASICS promotions, offers, surveys and more. ASICS will also use these channels to notify Members when they are eligible for a benefit, communicate OneASICS Membership information, OneASICS changes and more at ASICS's discretion. You may opt out of marketing, promotional and survey communications by unsubscribing via the method listed in the communication or contacting customer service. Please note that even if you opt out of receiving marketing or promotional communications, ASICS may continue to send you non-marketing or non-promotional emails, such as those about your Member Account, OneASICS Membership or our ongoing business relations.
You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.
20. General Provisions.
A. Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
B. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
C. Assignment. We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ASICS.
D. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.