No Fear Terms and Conditions

These Terms and Conditions of Use (the “Terms”) set forth the terms on which No Fear Retail Stores, Inc., d/b/a nofear.com, (“No Fear”) provides you access to this web site (“Site”). By visiting or shopping at this Site, you accept the following Terms. Please read them carefully. If you do not agree to the Terms, you may not use this Site or other services. We reserve the right, at any time, to modify, alter, or update the Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on this Site.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO FEAR IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO FEAR. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, NO FEAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall No Fear nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. No Fear also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

COPYRIGHT AND PROPRIETARY RIGHTS

All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site ('Content') are the property No Fear, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of No Fear.

The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with No Fear. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any content from the Site except as expressly permitted by these Terms. Doing so will violate No Fear's copyright, trademark and other proprietary rights.

All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all No Fear trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which No Fear uses in connection with the Site shall remain the exclusive property of No Fear. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of No Fear. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

COMMUNICATIONS PROVIDED BY USER

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by No Fear or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, No Fear is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant No Fear and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant No Fear and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.

TRADEMARKS

NO FEAR, FMF, and FEARLESS are registered trademarks in the United States and other countries; SOCAL, NOCAL, and NO FEAR MX are also trademarks that No Fear uses. No Fear trademarks may not be used without the written permission of No Fear and specifically should not be used in connection with any product or service that is not identifiable as belonging to nofear.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits No Fear.

Any rights not expressly granted herein are reserved.

NOTICE REGUARDING COPYRIGHT AGENT

No Fear does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

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 the service provider 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.

No Fear's designated copyright agent for notice of claims of copyright infringement on this Site is Joshua Larson, who can be reached as follows:

Joshua Larson
1812 Aston Avenue
Carlsbad, CA. 92008
(760) 931-9550
joshl@nofear.com
SITE CONTENTS

LINKS TO THIRD PARTY SITES

The No Fear Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of No Fear and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. No Fear is not responsible for webcasting or any other form of transmission received from any Linked Site. No Fear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by No Fear of the Linked Site or any association with its operators.

USER CONTENT

Your Posts. Visitors to the No Fear Site ("users") may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.

Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:

violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
uses technology or other means to access the Site that is not authorized by No Fear (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
involves accessing the Site through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including No Fear 's servers, computer network, or user accounts.
attempts to collect personally identifiable information in violation of No Fear 's Privacy Policy
encourages conduct that would constitute a criminal offense or give rise to civil liability.
violates these Terms
interferes with any other party's use and enjoyment of the Site.

No Spam or Inappropriate Content. You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. No Fear will fully cooperate with any law enforcement authorities or court order requesting or directing No Fear to disclose the identity of anyone posting any such information or materials.

You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. No Fear will remove all User Content if we are properly notified that such User Content infringes on another person's rights. You acknowledge that No Fear does not guarantee any confidentiality with respect to any User Content.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. No Fear does not endorse any User Content, and User Content that is Posted does not reflect the opinions or policies of No Fear. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does No Fear assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against No Fear with respect to such User Content. To notify us of any inappropriate User Content, email joshl@nofear.com.

SHOPPING

No Fear does not guarantee, warrant or endorse any product or service not manufactured or performed by No Fear, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by No Fear. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access No Fear.

ORDER ACCEPTANCE

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. No Fear reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

COLOR

We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.

PRIVACY

No Fear agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors. View No Fear 's Privacy Policy

INDEMNIFICATION

You agree to defend, indemnify and hold No Fear harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

CHOICE OF LAW

The Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and No Fear as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and No Fear with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and No Fear with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

These Terms are effective until terminated by either party. You may terminate your agreement with No Fear at any time by no longer accessing this Site and destroying all materials obtained from the Site. No Fear reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

Customer Care
(877) 796-7842
M-F 8AM - 5PM PST
Weekends: Feel free to leave a message and we'll get back to you on the next available business day.
customerservice@nofear.com

Corporate Office
(760) 951-9550
M-F 8AM - 5PM PST

No Fear Retail Stores, Inc.
1812 Aston Avenue
Carlsbad, CA 92008