Terms and Conditions

TERMS OF USE

THANK YOU FOR VISITING AN ACTIVE ACTION BRANDS, LLC. WEBSITE. YOU ARRIVED AT THIS PAGE FROM ONE OF THE ABOVE SITES, REFERRED TO HEREIN AS “THIS WEB SITE”. THESE TERMS AND CONDITIONS, PRIVACY POLICY, AND EARNINGS DISCLAIMER ARE SUBJECT TO CHANGE BY ACTIVE ACTION BRANDS, LLC. (HEREINAFTER “COMPANY”) AT ANY TIME AND AT OUR DISCRETION WITHOUT NOTICE BY UPDATING THIS POSTING.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. BY ACCESSING THIS WEB SITE, YOU ARE ACKNOWLEDGING AND ACCEPTING THESE TERMS AND CONDITIONS. YOUR USE OF THIS WEB SITE AFTER ANY CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. AS A RESULT, WE ENCOURAGE YOU TO CONSULT THE TERMS AND CONDITIONS EACH TIME YOU USE THIS WEB SITE. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR ANY OF OUR SITES.
 
INTELLECTUAL PROPERTY
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND MATERIALS AVAILABLE ON THIS WEB SITE ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY COMPANY, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT, OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT.
AS NOTED ABOVE, REPRODUCTION, COPYING, OR REDISTRIBUTION FOR COMMERCIAL PURPOSES OF ANY MATERIALS OR DESIGN ELEMENTS ON THIS WEB SITE IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF COMPANY. FOR INFORMATION ON REQUESTING SUCH PERMISSION, PLEASE CONTACT US AT CONTACT@ACTIVEACTIONBRANDS.COM
LIMITATIONS ON USE
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS THIS WEB SITE. IF YOU ARE NOT AT LEAST EIGHTEEN YEARS OLD, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. IF YOU ARE PROVIDED A PASSWORD TO ACCESS THIS WEB SITE, THEN THAT PASSWORD IS FOR YOUR PERSONAL USE ONLY, UNLESS OTHERWISE SPECIFIED. YOU AGREE TO BE RESPONSIBLE FOR THE SECURITY OF YOUR PASSWORD.
ORDER AND RETURN POLICIES
A FULL REFUND WILL ONLY BE PROVIDED TO SERVICES RENDERED PRIOR TO THE DELIVERY OF THE PRODUCT/SERVICE PURCHASED.  COACHING IS PROVIDED “AS IS” AND WITHOUT GUARANTEE OF RESULTS.
THIRD-PARTY REFERENCES / HYPERLINKS
THIS WEB SITE MAY LINK YOU TO OTHER SITES ON THE INTERNET. THESE SITES MAY CONTAIN INFORMATION OR MATERIAL THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. THESE OTHER SITES ARE NOT UNDER THE CONTROL OF COMPANY, AND YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT OF SUCH SITES. THE INCLUSION OF SUCH A LINK DOES NOT IMPLY ENDORSEMENT OF THE OTHER SITE BY OR ANY ASSOCIATION WITH ITS OPERATORS.
 
FTC DISCLOSURE ON AFFILIATE LINKS AND SITES
*DISCLOSED IN ACCORDANCE WITH THE FEDERAL TRADE COMMISSION’S 16 CFR, PART 255: “GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING.”
WE CLEARLY AND CONSPICUOUSLY DISCLOSE OUR AFFILIATION WITH OTHER SERVICES AND PRODUCTS ON ALL WEBSITES BY EITHER DENOTING WITH A “*” WITH THE VERBIAGE “AFFILIATE” OR “SPONSOR”, OR FULLY DISCLOSE THE SPONSORSHIP BEFORE OR AFTER THE PUBLISHED LINK.
SOME OF THE SECTIONS OF THIS SITE AND SITES OWNED BY THIS WEBSITE WILL ALLOW YOU TO PURCHASE DIFFERENT PRODUCTS AND SERVICES ONLINE PROVIDED BY OTHER MERCHANTS, AND NOT US. SOME OF THE LINKS THAT WE POST ON OUR SITE ARE “AFFILIATE LINKS.” THIS MEANS IF YOU CLICK ON THE LINK AND PURCHASE THE ITEM, WE WILL RECEIVE AN AFFILIATE COMMISSION.*
WE ARE NOT RESPONSIBLE FOR THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECT OF THESE PRODUCTS AND SERVICES. IN ADDITION, A MERCHANT WILL LIKELY HAVE PRIVACY AND DATA COLLECTION PRACTICES THAT ARE DIFFERENT FROM OURS. IF YOU MAKE A PURCHASE FROM A MERCHANT ON THEIR SITE OR ON A SITE THAT WE HAVE POSTED A LINK TO, THE INFORMATION OBTAINED DURING YOUR VISIT TO THAT MERCHANT’S ONLINE STORE OR SITE, AND THE INFORMATION THAT YOU GIVE AS PART OF THE TRANSACTION, SUCH AS YOUR NAME, E-MAIL ADDRESS, STREET ADDRESS, TELEPHONE NUMBER, AND CREDIT CARD NUMBER, MAY BE COLLECTED THE MERCHANT AND US. FOR MORE INFORMATION REGARDING A MERCHANT, ITS ONLINE STORE, ITS PRIVACY POLICIES, AND/OR ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY, VISIT THAT MERCHANT’S WEBSITE AND CLICK ON ITS INFORMATION LINKS OR CONTACT THE MERCHANT DIRECTLY.
YOU RELEASE US AND OUR AFFILIATES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, OR US ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH OUR SITE. YOUR PARTICIPATION, CORRESPONDENCE OR BUSINESS DEALINGS WITH ANY THIRD PARTY FOUND ON OR THROUGH OUR SITE, REGARDING PAYMENT AND DELIVERY OF SPECIFIC GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, REPRESENTATIONS OR WARRANTIES ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR OTHER MATTER OF ANY SORT INCURRED AS THE RESULT OF ANY THIRD PARTY TRANSACTION.
INFORMATION YOU SUBMIT
YOU HEREBY WARRANT THAT ANY INFORMATION YOU SUBMIT TO COMPANY THROUGH THIS WEB SITE IS OWNED BY YOU AND THAT YOU HAVE THE NECESSARY AUTHORITY TO SUBMIT SUCH INFORMATION. YOU HEREBY GRANT COMPANY A ROYALTY-FREE, PERPETUAL, WORLDWIDE LICENSE TO DISPLAY, MODIFY, ADAPT, CREATE DERIVATIVE WORKS FROM, AND OTHERWISE USE ANY SUGGESTIONS, IDEAS, AND INFORMATION THAT YOU PROVIDE TO COMPANY.
YOU FURTHER AGREE THAT YOU SHALL NOT SUBMIT OR TRANSMIT ANY CONTENT THROUGH THIS WEB SITE OR TO COMPANY THAT IS:
– OBSCENE, VULGAR, OR PORNOGRAPHIC;
– ENCOURAGES THE COMMISSION OF A CRIME OR VIOLATION OF A LAW;
– VIOLATES ANY STATE OR FEDERAL LAW IN THE U.S. AND/OR THE JURISDICTION IN WHICH YOU RESIDE;
– INFRINGES THE INTELLECTUAL RIGHTS OF A THIRD PARTY;
– IS OTHERWISE OFFENSIVE OR INAPPROPRIATE BASED UPON THE TYPE OF CONTENT AND INFORMATION PROVIDED BY COMPANY AND/OR THIRD PARTIES ON THIS WEB SITE.
– COMPANY RESERVES THE RIGHT TO REMOVE OR OTHERWISE DELETE ANY CONTENT OR SUBMISSION FROM YOU THAT VIOLATES THESE RULES, OR WHICH ARE INAPPROPRIATE IN COMPANY’S SOLE DISCRETION, WITHOUT LIABILITY OR WARNING TO YOU.
COMPANY RESERVES THE RIGHT TO COOPERATE WITH LAW ENFORCEMENT OFFICIALS AND COURT OFFICIALS IN THE INVESTIGATION OR PROSECUTION OF ANY CRIME OR LAWSUIT. YOU AGREE TO HOLD COMPANY HARMLESS FROM ANY CONSEQUENCES OR ACTIONS TAKEN BY COMPANY IN COOPERATION WITH SUCH LAW ENFORCEMENT INVESTIGATION OR COURT ORDER.
CONTACTING US
IF YOU NEED TO CONTACT US, YOU CAN EMAIL US AT CONTACT@ACTIVEACTIONBRANDS.COM
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
UPON A REQUEST BY COMPANY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY AND ITS OTHER AFFILIATED COMPANIES HARMLESS, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR MISUSE OF THIS WEB SITE OR FROM YOUR VIOLATION OF THE TERMS AND CONDITIONS STATED HEREIN.
SEVERABILITY AND INTEGRATION
UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY WITH RESPECT TO THIS WEB SITE AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS BETWEEN YOU AND COMPANY WITH RESPECT TO THIS WEB SITE. IF ANY PART OF THESE TERMS AND CONDITIONS IS HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL INTENTIONS OF THE PARTIES, AND THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
REGISTRATION
WE MAY, AT OUR DISCRETION, SUSPEND OR TERMINATE THE REGISTRATION OF ANY FORUM USER OR GENERAL USER WHO VIOLATES ANY OF THESE TERMS OF USE, ANY OF THE FORUM MEMBER GUIDELINES, OR FOR ANY OTHER BEHAVIOR THAT WE IN OUR DISCRETION BELIEVE IS INAPPROPRIATE.
JURISDICTION
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON. YOU HEREBY CONSENT TO BINDING ARBITRATION IN THE STATE OF OREGON TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS AND CONDITIONS.