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MODELL'S ONLINE, INC. - TERMS & CONDITIONS

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR USE OF THIS SITE. THE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST USE OF THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

  1. Use: This site (the "Site") is owned and operated by Modell's Online, Inc. ("Modell's"). Modells reserves the right to alter the use of this Site, or to revise these terms and conditions at any time. Users who violate these terms and conditions may be suspended from using this Site, or may be permanently banned from further use. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.


  2. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the
  3. products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

  4. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


  5. Accuracy of Information. Modell's attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


  6. Use of this Site. The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by Modell's and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.


  7. Copyrights and Trademarks: The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by Modell's. ALL RIGHTS RESERVED. Modell's Sporting Goods® , Gotta Go to Mo's® , MVP® , MoZone , other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of Modell's II, Inc. and or its affiliates. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") are the property of Modell's and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Modell's or its affiliates and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by Modell's or its subsidiaries or affiliates) without Modell's prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with Modell's or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without Modell's prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Modell's or third parties.


  8. Linking to this Site. Creating or maintaining any link from another Site to any page on this Site without Modell's prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Site without Modell's prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.


  9. Third Party Links. From time to time, this Site may contain links to Sites that are not owned, operated or controlled by, Modell's, or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither Modell's, nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other Site. Neither Modell's nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other Site, or any content, materials or other information located or accessible from such Sites, or the results that you may obtain from using such Sites. If you decide to access any other Site linked to or from this Site, you do so entirely at your own risk.


  10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Modell's may have at law or in equity, if Modell's reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Modell's may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. Modell's will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Modell's or its affiliates to disclose the identity of anyone posting such materials.


  11. User Information. Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Modell's, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Modell's may, but is not obligated to, monitor or review any User Communications. Modell's shall have no obligations to use, return, review, or respond to any User Communications. Modell's will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Modell's retains the right to remove any or all User Communications that includes any material Modell's deems inappropriate or unacceptable.


  12. Notice and Take Down Procedures: If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Modell's' copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.


  13. A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.

    Sufficient information about the location of the allegedly infringing Materials so that Modell's can find and verify its existence.

    Your name, telephone number and e-mail address.

    A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.

    A signature or the electronic equivalent from the copyright holder or authorized representative.

    Modell's' agent for notice of copyright issues on the Site can be reached as follows:

             Modell's Online, Inc.
             c/o Modell's Sporting Goods
             498 7th Ave., 20th fl.
             New York, NY 10018

             Attn: Legal Department

             with a copy to: General Counsel
            (ref: Copyright Infringement)

  14. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MODELL'S, NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER MODELL'S, NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MODELL'S HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODELL'S HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.


  15. LIMITATIONS OF LIABILITY. NEITHER MODELL'S, NOR ANY AFFILIATE, ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS SITE. IN NO EVENT WILL MODELL'S THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE (THE "MODELL'S PARTIES") BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE MODELL'S PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.

    IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.


  16. Indemnity: By using the Site, you agree to indemnify the Modell's Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms and Conditions (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Modell's reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


  17. Revisions to these Terms and Conditions. Modell's may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site.


  18. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Modell's to the extent necessary to resolve any inconsistency or ambiguity between them. This Site is administered by Modell's from its offices in New York. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site shall be brought only in the courts of the State of New York, County of New York. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these Terms and Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will remain in force.


  19. Termination. You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.


  20. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at 1-800-ASK-MODELLS.


Your California Privacy Rights


Under California law, you have the right to request and receive information from retailers concerning any third parties who have received personal information about you from such retailers for the third parties' direct marketing purposes. Any such requests for information from Us can be made by contacting Our Customer Service Department by calling toll-free at 1-800-ASK-MODELLS (1-800-275-6633) and press #4.