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The Moult Athletic Company Website www.moultathletic.com("the
Website") is offered to you subject to your acceptance
of the Terms and Conditions contained herein.
YOUR USE OF THE WEBSITE CONSTITUTES
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE
YOUR USE OF THE WEBSITE.
OWNERSHIP OF WEBSITE
All right, title and interest in the Website is owned by or licensed
by Moult Athletic Wear Inc. ("Moult Athletic Co."). The
materials provided on the Website including, without limitation,
all content, site design, text, graphics are protected by copyright,
trademark and other intellectual property laws. Any unauthorized
use of the materials is strictly prohibited.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Website is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, transfer, or sell
any information or services obtained from the Website without the
express written consent of Moult Athletic Co, which consent shall
be at Moult Athletic Co. sole discretion.
MODIFICATION OF THESE TERMS AND CONDITIONS OF USE
Moult Athletic Co. reserves the right to amend these Terms and Conditions
at any time by posting the amended terms on the Website, which posting
shall constitute notice to you. All amended terms shall be effective
immediately upon such notice.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND SERVICES AVAILABLE ON OR THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MOULT ATHLETIC CO,
ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT
THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE,
COMPLETE OR CURRENT. NOR DOES MOULT ATHLETIC CO. MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED,
THROUGH THE WEBSITE. ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK. MOULT ATHLETIC CO. DOES NOT WARRANT
OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE
CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR
DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) Moult Athletic Co. does
not screen the employment listings posted on the Website; (b) Moult
Athletic Co. does not guarantee the nature of the positions listed
on the Website or the truth or accuracy of the description of such
positions; (c) your application via the Website does not create
an employer-employee relationship with Moult Athletic Co; and (d)
Moult Athletic Co. shall not be liable for any employment decisions
that you make as a result of your reliance on any information posted
on the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MOULT ATHLETIC CO. BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF MOULT ATHLETIC CO. HAD BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Moult
Athletic Co. that you will not use the Website for any purpose that
is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website
any unlawful, harassing, false, misleading, libelous, abusive, profane,
threatening, harmful, vulgar, obscene, sexually explicit, pornographic
or otherwise objectionable material of any kind or nature. You further
agree not to gain or attempt to gain unauthorized access to other
computer systems via the Website.
You agree not to upload or otherwise transmit to or through the
Website any material that: (i) infringes on any rights of third
parties; and/or (ii) contains any virus or other harmful code that
may change or disrupt the Website or any other user's equipment
or software.
LINKS TO OTHER SITES
The Website may contain links to other websites ("Linked Sites")
operated by parties other than Moult Athletic Co. Such Linked Sites
are not under the control of Moult Athletic Co. and Moult Athletic
Co. is not responsible for the contents of any Linked Site. Moult
Athletic Co. is providing you with a link to the Linked Sites as
a convenience and the inclusion of any such link does not imply
endorsement by Moult Athletic Co. of the Linked Site or any association
with its operators.
NOTICE
Any notices may be given to you by any means including, but not
limited to: (a) email; (b) notices or messages posted on the Website;
or (c) any other means by which you obtain notice thereof.
INDEMNIFICATION
You agree to indemnify and hold Moult Athletic Co., its subsidiaries,
affiliates, directors, officers and employees, harmless from all
claims, liabilities, damages, losses, including reasonable legal
fees and expenses, due to or arising out of your use of the Website
or your breach of these Terms of Conditions.
TERMINATION
Either you or Moult Athletic Co. may terminate this relationship
with or without cause at any time.
You agree that Moult Athletic Co. may, in its sole discretion, terminate
or suspend your access to all or part of the Website
for any reason, including, without limitation, breach of the Terms
and Conditions. Any suspected fraudulent, abusive or illegal activity
may be grounds for terminating this relationship and such activity
may be referred to appropriate law enforcement authorities. Should
you object to the Terms and Conditions or any subsequent modifications
thereto or become dissatisfied with the Website in any way, your
only recourse is to immediately discontinue your use of the Website.
Moult Athletic Co.
shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension.
APPLICABLE LAW AND GOVERNING LAW
You agree to comply with all applicable laws and regulations.
SEVERABILITY
In case any of the provisions of these Terms and Conditions shall
for any reason be held to be invalid, illegal, or unenforceable,
such invalidity, illegality, or unenforceability shall not affect
any other provisions hereof, and these Terms and Conditions shall
be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
HEADINGS
The section headings used herein are for convenience of reference
only and do not form part of these Terms and Conditions.
BENEFIT OF THE AGREEMENT
These Terms and Conditions are binding upon and shall ensure to
the benefit of both parties and their respective successors, heirs,
executors, administrators, personal representatives and permitted
assigns. You shall not assign or transfer your rights or obligations
hereunder without Moult Athletic Company’s prior written consent,
which consent shall be at Moult Athletic Company’s sole discretion.
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