Terms of Service

Terms of Service
These terms of service outline the rules and regulations for the use of the Blood and Sweat
website, located a www.bloodandsweatapparel.com.

1. ACCEPTANCE OF TERMS

By accessing this website we assume you accept these terms and conditions. Do not continue to
visit Blood and Sweat if you do not agree to take all of the terms and conditions stated on this
page.
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your”
refers to you, the person logged on this website. “The Company”, “Ourselves”, “We”, “Our” and
“Us”, refers to Blood and Sweat. “Party” or “Parties” refers to both You and Us. Any use of the
above terminology or other words in the singular, plural, capitalization and/or he/she or they,
are taken as interchangeable and therefore as referring to the same.
We make this website (the “Site”), including all information, documents, communications, files,
images, text, videos, audio files, graphics, software and products available through the Site
(collectively, the “Materials”) and all services operated by Us and third parties through the Site
(collectively, the “Services”), available for your use subject to the terms and conditions set forth
in this document and any changes to this document that We may publish from time to time
(collectively, the “Terms and Conditions” or “Agreement”).
We reserve the right to change the Terms and Conditions and other guidelines or rules posted
on the Site from time to time at our sole discretion. Your continued use of the Site, or any
Materials or Services accessible through it, after such notice has been posted constitutes your
acceptance of the changes. Your use of the Site will be subject to the most current version of
the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should
periodically check these Terms and Conditions to view the then current terms. If you breach any
of the Agreement, we may terminate your authorization to use this Site.

2. ELIGIBILITY.

You must be at least 18 years old to be eligible to use the Services or to purchase any products
on or through the Site (and 21 years of age for designated venues where the age of majority is
21). By browsing this Site or placing any orders through the Site, you present that you are 18
years old or have otherwise reached the age of majority in your jurisdiction. In addition, this
Site is provided only to residents of the United States. By browsing this Site or placing any
orders through it, you represent that you are a resident of the United States and are physically
in the United States at the time of your accessing the Site or placing orders through it.

3. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are
protected by copyright, trademark, patent, and/or other intellectual property laws, and any
unauthorized use of the Materials or Services at this Site may violate such laws and these Terms
and Conditions. Except as expressly provided herein, We do not grant any express or implied
rights to use the Materials and Services. You agree not to copy, republish, frame, reverse
engineer, or create derivative works based on the Site, its Materials, or its Services or their
selection and arrangement, except as expressly authorized herein. You agree not to use any
data mining, robots, or similar data gathering and extraction methods in connection with the
Site.
In addition to the Materials and Services offered by Us, this Site may also make available
materials, information, products and services provided by third parties (collectively, the “Third
Party Services”). The Third Party Services may be governed by separate license agreements that
accompany such services. We offer no guarantees and assume no responsibility or liability of
any type with respect to the Third Party Services or products accessible through them. You
agree that you will not hold Us responsible or liable with respect to the Third Party Services or
seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download,
and print Our Content available on this Site subject to the following conditions:
Our Content may not be modified or altered in any way.
You may not remove any copyright or other proprietary notices contained in Our Content.
We reserve the right to revoke the authorization to use this Site at any time, and any such use
shall be discontinued immediately upon notice from Us.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print Our Content available on this Site are
not applicable to the design or layout of this Site. Elements of this Site are protected by trade
dress and other laws and may not be copied or imitated in whole or in part.

4. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the Blood and Sweat trademarks (the
“Marks”) displayed on this Site are Our property or the property of other third parties. You are
not permitted to use the Marks without Our prior written consent or the consent of such third
parties that may own the Marks.

5. LICENSE TO US FOR USER CONTENT

By submitting any User Content (such as product reviews or any other posts or content that may
be submitted by You or any other user of the Site) to or through the Site you grant Us the
following type of license: You grant us a worldwide, royalty-free, non-exclusive license to modify
and reproduce such user content in any manner.

6. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other
content infringes upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing us with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative
list of such works at that site; Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service provider to locate the
material; Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an electronic mail; A statement that you have a good faith
belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. You may send the notification to
jtonogan@bloodandsweatapparel.com.

7. PROHIBITED COMMUNICATIONS

You may submit only User Content to/through the Site, that is (a) owned by you, (b) submitted
with the express permission of the owner or within the scope of the license to such content, or
(c) in the public domain. You are prohibited from transmitting User Content that contain any
unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic
materials, or other materials that would violate any law or the rights of others, including,
without limitation, laws against copyright infringement, and rights of privacy and publicity.
Violation of these restrictions may result in denial of or limitations on access by you to this Site.
We may (but are not obligated to) monitor your conduct, to determine whether you are
violating the terms and conditions of this Agreement.

8. USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to
disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not
to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive,
or destructive files; not to create a false identity; not to use or attempt to use another’s
account, password, service, or system without authorization from Us; not to disrupt or interfere
with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system
resources, accounts, passwords, servers, or networks connected to or accessible through the
Site or any linked sites.

9. MANAGING CONTENT AND COMMUNICATIONS

We reserve the right, in Our sole discretion, to delete or remove User Content from the Site and
to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior
notice or liability. To the maximum extent permitted by law, We will have no liability related to
your User Content. We may, for example, delete all your User Content without any notice or
liability to you. You agree and represent that you are entirely responsible for all User Content
that you upload or transmit/send through the Site.

10. WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and Us or you and
a third party with respect to such party’s materials or services, this Site, and all Materials and
Services accessible through this Site, are provided “as is” without warranty of any kind, either
express or implied, including, but not limited to, the implied warranties of merchantability or
fitness for a particular purpose, or the warranty of non-infringement. Without limiting the
foregoing, We make no warranty that (i) the Services and Materials (including products sold on
or through the Site) will meet your requirements; (ii) the Services and Materials will be
uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use
of the Services or Materials (including products sold on or through the Site) will be effective,
accurate, or reliable; (iv) the quality of any Services or Materials obtained or accessible by you
through the Site will meet your expectations; and (v) any errors in the Services or Materials
obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
You understand and acknowledge that We make absolutely no representations or warranties
about the products sold or on or through the Site, nor do we make any representations about
any medical or other benefits relating to the products sold on or through the site. You agree
that you will consult with your own medical provider to determine the safety and directions
with respect to any of the products sold on or through the Site. No advice or information,
whether oral or written, obtained by you from Us shall create any warranty not expressly stated
in these Terms and Conditions. You agree that we shall not be liable to you for any injury or
death caused directly or indirectly by any of the products sold on or through the Site.

11. PERSONAL INFORMATION AND PRIVACY

You understand and agree that We may disclose information about you if we have a good faith
belief that we are required to do so by law or legal process, to respond to claims, or to protect
Our rights, property, safety, or the safety of others. Please refer to our Privacy Policy for more
information about the manner in which we protect and use your information.

12. LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall Blood and Sweat, its subsidiaries,
affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any
third party for any special, punitive, incidental, indirect, or consequential damages of any kind,
or any damages whatsoever, including, from your purchase or use of any of the products sold on
or through the Site, loss of use, data, or profits, whether or not We has been advised of the
possibility of such damages, and on any theory of liability, arising out of or in connection with
the use of or the inability to use this Site, its Services, or Materials, the products sold on or
through the Site, the statements or actions of any third party on or through the Site, any
Services available through the Site that are delayed or interrupted, or any website referenced or
linked to or from this Site.