These terms were last updated on November 16, 2022

PLEASE READ THE TERMS CAREFULLY. THIS IS A CONTRACT. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW. 

Introduction

This website (“Site”) is owned and operated by [Cobra Labs Limited d/b/a JNX Sports] and/or its subsidiaries or affiliates (“Company”, “we”, “us”, and “our” refer to JNX Sports). These Terms of Use (“Terms”) apply to your use of the Site, including all information, tools, products, and services available from this Site or any part or content thereof (the “Services”). Any use of the Site and/or the purchase or use of any products or services available through the Site are governed by the Terms including the Purchase Terms available at https://jnxsports.com/pages/faqs and Loyalty Program Terms available at https://www.yotpo.com/terms-of-service/, which are incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Policy available at https://jnxsports.com/pages/privacy-policy.  

Your continued use of this Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, please do not use this Site. All product sales from the Site are governed by Company’s Purchase Terms. You should refer to our Purchase Terms to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the Services (including products of Company), and by clicking “I AGREE” during the purchase process, you agree to accept all Purchase Terms. The Terms are subject to change without prior notice at any time, in Company’s sole discretion so you should review the Purchase Terms each time you make a purchase.

Age of Majority

You represent and warrant that you are the legal age of majority under applicable law to accept these Terms, which form a binding contract with the Company. If you have not reached the legal age of majority, you must not access or use the Site.

Site Access; Unlawful or Prohibited Uses

Subject to your compliance with these Terms, the Company hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site, solely for your personal, non-commercial use. The Company or its licensors or content providers retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in the Company’s sole discretion. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) except as expressly set forth in these Terms. You may not remove any copyright or other proprietary notices from the Site.

The Company neither warrants nor represents that your use of this Site or of materials on this Site will not infringe rights of third parties not affiliated with the Company.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable laws. You hereby represent and warrant that you will not, and will not induce any third party to:

• attempt to disable or circumvent any security mechanisms used by the Site or otherwise attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site;
• use any “page-scrape”, “robot”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site;
• use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site;
• use the Site for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations;
• copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site;
• infringe upon or violate our intellectual property rights or the intellectual property rights of others; or
• to collect or track the personal information of others.

If the Company believes you have breached any term of these Terms, or otherwise have used the Site in any manner that is unlawful or likely to cause harm to the Site or other users, the Company may suspend or terminate your access to the Site and Services, without prior notice to you.

YOUR ACCOUNT

If you purchase Services using the Site, you may be prompted to establish an account with the Company, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. We have the right to disable any account or password at any time, for any reason. 

Company Content

This Site is protected by U.S. copyright laws and international treaties. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, or individual sections of the design or layout of the Site or Company logos without our written permission.

You agree that the Site and all content on the Site, such as text, graphics, logos, button icons, marks, photographs, videos, images, audio clips, digital downloads, data compilations, and software, are the property of the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on the Site is the exclusive property of the Company and is protected by domestic and international copyright laws.

Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on the Site, without the prior written permission of the Company. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of the Company, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior, written permission from the Company. Other company names mentioned on the Site may be the intellectual property of their respective owners.

Accuracy and Completeness of Information

The Company is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk and such information is provided by us and accepted by you AS IS AND WHEREAS.

We reserve the right to modify the contents of this Site at any time and the rules and regulations (including these Terms) governing the Site at any time. Modifications will be posted on the Site, and users are deemed to be apprised of and bound by any changes to the Site. The Company may make changes in the products and/or Services described in the Site at any time. You agree that it is your responsibility to regularly monitor changes to the Site and Terms and any additional terms or policies, as may be updated from time to time.

Third Party Links; LOYALTY PROGRAM

The Company may, whether directly or through a third party service provider, from time to time offer a loyalty program (“Loyalty Program”) to customers of Services (including products) made available through this Site whereby members will be able to earn points on product purchases, completing loyalty badges and engaging in certain other qualifying activities. Points can be redeemed for specific prizes, discounts or other benefits. Members may also receive access to exclusive deals, promotions and content. You may sign up for the Loyalty Program on the Loyalty page of this Website. Terms relating to the Loyalty Program are available at https://www.yotpo.com/terms-of-service/.

Customers participating in the Loyalty Program will, from time to time, receive a newsletter (the “Newsletter”) via a third-party vendor, Klaviyo. If you are not a member of the Loyalty Program you may sign up to receive the Newsletter at any time at [HYPERLINK/LIST EMAIL ADDRESS TO CONTACT TO SIGN UP]. The Newsletter will be sent to the email address listed in your Loyalty Program registration, or to the email address you list in registering to receive the Newsletter, approximately two (2) times per week. Newsletters will include blog posts, new product information, promotions, discounts and other relevant information. You will be able to opt out of receiving the Newsletter entirely at any time, but not change the frequency of the newsletters that you receive. We may provide additional information regarding the Newsletter by updating these Terms or emailing you directly, and we may discontinue the Newsletter or modify the frequency of the Newsletter at any time, at our discretion.

In addition, certain Services available via our Site may include materials from third parties, and the Company may, from time to time, use third parties to provide certain services via the Site (including but not limited to the Loyalty Program and the Newsletter). 

Third party links on this Site may direct you to third party websites that are not affiliated with us. Different terms and conditions and privacy policies may apply to your use of any linked sites, resources and/or services. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party services, materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites, whether or not related to the Company or its products. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products or services (including the Loyalty Program) should be directed to the third party.

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site such as images, videos, product reviews or commentary, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

• is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
• may contain software viruses or malware;
• contains advertisements or solicitations of any kind, or other commercial content;
• is designed to impersonate others;
• contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
• contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
• contains chain letters of any kind; or
• contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

These prohibitions do not require Company to monitor, police or remove any submissions or other information submitted by you or any other user.

With respect to any content you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice), you grant Company, subject to applicable law, a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. Any such content will not be treated as confidential.

You hereby represent, warrant and covenant that:  (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Company; and (ii) Company is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person or entity.

Copyright and Trademark Infringements

Company respects the intellectual property rights of others, and we ask you to do the same. Company may, in appropriate circumstances and at our discretion, terminate the Service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Company’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit lululemon to locate the material.
• Your address, telephone number, and email address;
• 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 and/or trademark owner, its agent, or the law.
• 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.

Company’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

By email: customerservice@jnxsports.com

By mail: 57 Cashmere Road, Cashmere, New Zealand Attention: Neil Fox

ADDITIONAL Disclaimer

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease. For best results, supplements should be taken as directed over time, at the recommended dosage in conjunction with a healthy diet and regular exercise program. Results may vary.

Disclaimer of Warranties; Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THIS SITE AND THE PRODUCTS PROVIDED ON THIS SITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SECURITY, COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OF THE SITE OR THE CONTENT OR MATERIALS INCLUDED ON THE SITE (INCLUDING, FOR CLARITY, FROM ANY THIRD-PARTY SITE LINKED TO THIS SITE). THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product procured using the site, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, damages, liabilities, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (i) use of the Site; (ii) uploading, distributing or otherwise publishing content through this Site; (iii) breach of these Terms, (iv) fraud you commit, or your intentional misconduct or gross negligence, or (v) violation of any applicable law or the rights of a third party, including intellectual property rights, whether relating to the content you upload, distribute or otherwise publish to the Site or otherwise arising out of or relating to your use of the Site. Company will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Company.

Governing Law; Dispute Resolution

Any conflict derived from the execution, breach, interpretation, or any other aspect derived from these Terms shall be resolved and decided by binding arbitration pursuant to the rules of arbitration of the International Chamber of Commerce (“ICC”).  You hereby expressly waive the ordinary jurisdiction for these purposes. In the event of any conflict between the ICC rules of arbitration and any provisions of these Terms, these Terms shall govern. The place destined for arbitration will be New York, New York and the proceedings will be conducted there. Likewise, you state your commitment to comply with the arbitration award that the arbitration tribunal issues, which will acquire the character of final and unappealable and will be considered as res judicata for all legal purposes. It is understood that arbitration may be requested by Company or you. This clause shall not preclude Company or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or injunctive or equitable remedies.

Class Action Waiver

YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST THE COMPANY SHALL BE BROUGHT INDIVIDUALLY THROUGH ARBITRATION CONDUCTED PURSUANT TO THE PRECEDING PARAGRAPH AND YOU SHALL NOT JOIN ANY ACTION WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION SUIT AGAINST THE COMPANY.

Location

The Site is operated by Company from its offices in United States. Company makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law or the unenforceable portion shall be deemed to be severed from these Terms. Any such determination will not affect the validity and enforceability of any other remaining Terms.

Waiver

The failure of the Company to enforce any provision of these Terms shall not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with any other provision of these Terms.

Contact Information

To contact us, please submit an email to customerservice@jnxsports.com. E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.