You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

• copy, reproduce, use, or otherwise deal with any content on the Site;
• modify, distribute, or re-post any content on the Site for any purpose; or
• use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

• not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
• not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
• not to use, frame, or utilize framing techniques to enclose any Advanced Athletics trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Advanced Athletics’ express written consent;
• not to use meta tags or any other “hidden text” utilizing a Advanced Athletics name, trademark, or product name without Advanced Athletics’ express written consent;
• not to deeplink to this Site without Advanced Athletics’ express written consent;
• not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
• not to collect or store personal data about others;
• not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
• not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Advanced Athletics;
• and to be bound by the Product Submission Policies of Advanced Athletics, including that any product submission you may make to Advanced Athletics will not be held in confidence by Advanced Athletics, and is not proprietary, that Advanced Athletics may use the product submission and any aspect thereof for any purposes in Advanced Athletics’ sole discretion, and that Advanced Athletics owes no duties or obligations with respect to you or the product submission made.

In addition, you agree that you will comply with all applicable local, national and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Advanced Athletics has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos or Web sites, in perpetuity throughout the world as Advanced Athletics in its sole discretion sees fit without further consent or payment. Advanced Athletics has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Advanced Athletics has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to any of it subsidiaries or affiliated companies. Advanced Athletics may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Advanced Athletics’ sole discretion. Advanced Athletics is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Advanced Athletics may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Advanced Athletics shall not be liable therefore.

All Site materials, including, without limitation, the Product Partners, Advanced Athletics, and all Advanced Athletics product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content“) are Copyright © 2012/Advanced Athletics. ALL RIGHTS RESERVED. Advanced Athletics or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Advanced Athletics or the respective copyright owner. You may not, without the express written permission of Advanced Athletics or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Advanced Athletics or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Advanced Athletics in the United States and other countries: Advanced Athletics, AdvancedAthletics.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Advanced Athletics or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Advanced Athletics, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Advanced Athletics. Other names and brands may be claimed as the property of others.

It is Advanced Athletics’ policy to respect the copyright and intellectual property rights of others. Advanced Athletics may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Advanced Athletics may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Advanced Athletics complies with the Digital Millennium Copyright Act.

If you believe that Advanced Athletics or any user of our Site has infringed your copyright in any material way, please notify Advanced Athletics, and provide the following:

• an identification of the intellectual property right claimed to have been infringed;
• an identification of the material that you claim is infringing so that we may locate it on the Site;
  your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
• a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
  that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: customersupport@nulladvancedathletics.com or by mail to:

Advanced Athletics, Inc.
360 Hampton Drive
Venice, CA 90403
Attn: Director of Online Operations.

You agree to indemnify and hold harmless Advanced Athletics, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive.

Unless stated otherwise, all Advanced Athletics products on the Site carry at least a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email Customer Service.

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
• all prices are displayed in United States Dollars unless expressly indicated otherwise;
• all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

If you use the Site or other means to purchase a product, payment must be received by Advanced Athletics prior to Advanced Athletics acceptance of an order, unless otherwise agreed by Advanced Athletics. Advanced Athletics may need to verify information you provide before Advanced Athletics accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Advanced Athletics will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Advanced Athletics expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Advanced Athletics is registered to you. Advanced Athletics shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Advanced Athletics, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Advanced Athletics may reject orders where the stated delivery address is outside the United States and Canada. Advanced Athletics will add applicable shipping and handling fees.

Advanced Athletics reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Advanced Athletics’ descriptions of, or references to, products not owned by Advanced Athletics and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Advanced Athletics.

Unless otherwise noted, Advanced Athletics will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Advanced Athletics to you is Advanced Athletics’ good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Advanced Athletics shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Advanced Athletics cannot ship to P.O. boxes.

With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product“), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH ADVANCED ATHLETICS. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF ADVANCED ATHLETICS IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT ADVANCED ATHLETICS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO ADVANCED ATHLETICS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, ADVANCED ATHLETICS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES ADVANCED ATHLETICS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH ADVANCED ATHLETICS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, ADVANCED ATHLETICS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ADVANCED ATHLETICS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

ADVANCED ATHLETICS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, ADVANCED ATHLETICS DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

The Advanced Athletics Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on AdvancedAthletics.com is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY ADVANCED ATHLETICS, INC. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Advanced Athletics may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO AdvancedAthletics.com.

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ADVANCED ATHLETICS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF ADVANCED ATHLETICS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADVANCED ATHLETICS’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO ADVANCED ATHLETICS FOR ANY PRODUCTS SUPPLIED BY ADVANCED ATHLETICS THROUGH YOUR USE OF THE SITE OR OTHERWISE.

ADVANCED ATHLETICS WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

The information contained within press releases issued by Advanced Athletics should not be deemed accurate or current except as of the date the release was posted. Advanced Athletics has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

This Site is controlled, operated, and administered by Advanced Athletics from its offices within the United States of America. Advanced Athletics makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Notwithstanding any of these Terms and Conditions, Advanced Athletics reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Advanced Athletics shall not be liable for any termination of your use of or access to the Site.

Only you and Advanced Athletics shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

If a dispute between Advanced Athletics and you arises relating to these Terms and Conditions, the party alleging a breach shall first provide written notice to the other party providing a detailed explanation as to the basis of the alleged breach. The recipient of the notice shall have 10 days to respond and try to resolve the dispute (“notice and cure period”). If the parties are unable to resolve the dispute within the notice and cure period, the parties shall participate in good faith in a nonbinding mediation. The mediation shall take place within 45 days of the expiration of the notice and cure period exclusively in Los Angeles, California, unless the parties agree to a different location. The parties will share equally in the costs of the mediation including the fees of the mediator; however, the parties will each bear their own attorneys’ fees incurred in the mediation.

If the dispute or claim is not resolved through mediation in accordance with the foregoing paragraph, the parties shall proceed to resolve any and all disputes and claims relating to Advanced Athletics, or arising from or related to these Terms and Conditions, totally and finally by binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as otherwise provided herein. The parties shall be entitled to the discovery rights allowed under the Federal Rules of Civil Procedure. The Arbitrator(s) shall permit any party to file a Motion for Summary Disposition of a particular claim or issue.

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (Title 9, U.S. Code §1 et seq.). The arbitration shall be conducted exclusively in Los Angeles County, State of California, and the judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

The arbitration shall be conducted by one arbitrator; however, if the amount in dispute exceeds Five Hundred Thousand Dollars ($500,000), upon the request of either party, the arbitration shall be conducted by three arbitrators. Arbitrators shall be selected in accordance with the JAMS Rules. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator(s) may not invoke any basis (including, but not limited to, notions of “just cause”) other than such controlling law. The arbitrator(s) shall render an award that shall be based upon a written, reasoned opinion.

Each of the parties expressly understands and agrees that the arbitration will be conducted on an individual, not a class-wide basis, and any proceeding between the parties may not be consolidated with another proceeding between one of the parties and any other entity or person.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

The parties shall share equally in the costs of the arbitration including the fees of the arbitrator(s); however, the parties will each bear their own attorneys’ fees incurred in the arbitration. The prevailing party in any arbitration shall be entitled to recover from the other party an award of its share of the arbitration fees and its reasonable attorneys’ fees and costs incurred in the arbitration.

Nothing in these Terms and Conditions shall prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, or other equitable relief. The institution and maintenance of any action for injunctive relief shall not constitute a waiver of the right or obligation of either you or Advanced Athletics to submit any claim seeking relief, other than injunctive relief, to arbitration.

The terms of this section survive any termination of the Terms and Conditions.

The Terms and Conditions constitute the entire agreement between Advanced Athletics and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Advanced Athletics. Any cause of action you may have with respect to the Site or Advanced Athletics’ products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Advanced Athletics to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Advanced Athletics, and you do not have any authority to create any obligation or make any representation on Advanced Athletics’ behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Advanced Athletics’ written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Advanced Athletics and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If you would like to contact us, you can use the following e-mail addresses and phone numbers:

Orders you have placed, other questions or suggestions about our website, products, or policies:

E-mail: customerservice@nulladvancedathletics.com
Phone: 310.396.2100

You are a retailer and would like to ask about carrying our products:

E-Mail: sales@nulladvancedathletics.com
Phone: 310.396.2100