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easyRMA Return Portal Terms of Use
Section 1. Acceptance of Terms
and Conditions
All users of this web site hereby understand and agree that their use of
such web site constitutes acceptance of the terms and conditions set forth in this legal notice. PUMA SE, and
the PUMA group of companies, (hereinafter collectively referred to as "PUMA"), reserve the right to modify the
terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this
web site.
Section 2. Trademarks
This web site contains many trademarks, trade names, service
marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous
affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the
ownership of these marks and understands that it does not acquire, through use of this web site, any right,
title, or interest in the marks. User agrees that it will not change, modify and or exploit the marks, nor
participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved.
Any use of the marks without expressed written authorization is strictly prohibited.
Section 3. Prohibited Use
Any use of this web site for an illegal or objectionable
purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that
could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are
not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually
explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the
transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv)
activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally
protected property right, etc. By using this site, user agrees that any and all information transmitted to or
with the use of this site can not and shall not be deemed confidential or proprietary. PUMA reserves the right
to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all
information relating to such prohibited use. PUMA, its officers, directors, affiliates, employees, agents,
partners, subsidiaries and or contractors shall not assume, and expressly disclaims, any and all liability
relating to an individuals illegal or prohibited use of this web site. Any violation of this or any other
section contained herein may result in termination of service and or any other action PUMA determines
appropriate under the circumstances.
Section 4. Third Party Relationships
This web site may contain several links to other
sites. These links are provided merely to assist the user. These sites are independent of PUMA's site and PUMA
does not and cannot control the content and or representations of such sites. The information presented on these
links may not necessarily reflect those beliefs held by PUMA. The inclusion of a link does not mean that PUMA
accepts or endorses any of the content contained in such site. The user is responsible to protect
himself/herself while associating with the linked site. PUMA, and it's officers, directors, affiliates,
employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for
content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred
by those who visit such sites.
Section 5. Modifications
This web site may contain typographical errors or technical
inaccuracies. PUMA reserves the right to modify the content of this web site at any time without prior notice.
PUMA's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such
provision.
Section 6. Severability
If one or more of the provisions contained in these terms and
conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in
its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and
conditions and the balance of these terms and conditions shall be enforceable.
Section 7. Warranties & Limitation of Liability
Your use of and browsing of this
web site are at your own risk. You shall keep your login details for your Account confidential. Although PUMA
makes every endeavor to ensure that the web site is administered and maintained with due care, PUMA makes no
warranties or representations that the information contained on the web site is accurate, error-free or that
access to the web site will be uninterrupted at any time. PUMA shall not be liable for any loss, damage or
deletion of downloaded data. PUMA accepts no liability for any damages, direct or indirect, arising from the use
of the web site, unless where liability is mandatory in cases of intent, gross negligence, injury to life, body
or health, fraudulent concealment of a defect, breach of essential contractual obligations or under the German
Product Liability Act. In case of a liability for breach of essential contractual obligations, PUMA's liability
for damages shall be limited to the foreseeable, contractually typical damages except in cases of intent or
gross negligence.
Section 8. Force Majeure
Notwithstanding any other provision set forth in these terms
and conditions, PUMA shall not be liable for any failure or delay in its performance due to any cause beyond
PUMA's reasonable control, including, without limitation, any act of war or civil insurrection, national
emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage,
industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures,
unavailability of materials, rights of way or governmental acts; provided, however, that PUMA shall use its
commercially reasonable efforts to correct promptly such failure or delay in performance to the extent
consistent with then applicable law and regulatory requirements and appropriate in light of then existing
circumstances.
Section 9. Indemnification
User hereby agrees to indemnify, defend, and hold harmless,
PUMA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and
subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable
attorney's fees) asserted by any third party as a result of user's use of this web site. PUMA has the right to
control any defense pertaining to this section.
Section 10. Relationship
Nothing in this Agreement is intended to or shall be
construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between
the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
Section 11. Governing Law, Place of Jurisdiction
These Terms of Use are governed by
the laws of Germany without giving effect to any principles of conflict of laws. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply. The place of jurisdiction shall be Nuremberg
in the case that you are a merchant in terms of the German Commercial Code (“Handelsgesetzbuch”).
Section 12. Entire Agreement
These terms and conditions constitute the full and entire
understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety
any and all written or oral agreements previously existing between the parties with respect to the subject
matter.