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Terms and Conditions

Created: August 15, 2005

Table of Contents

This website (“Fila Website”) is operated by Fila Online, Inc. (“Fila”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by Fila, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites ) unless such other websites set forth and contain separate terms and conditions.  Our office address is:

Fila Online, Inc.
1 Fila Way
Sparks, Maryland 21152
United States of America

We may be reached via email at service@fila.com or you may call us at 800‑845-FILA (3452).

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Introduction

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS FILA WEBSITE, SUBSCRIBING TO FILA SERVICES, PURCHASING PRODUCTS FROM FILA’S ONLINE STORE, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE FILA SERVICES AND PRODUCTS, AND THE RELATED FILA SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “FILA TECHNOLOGY”).

FILA IS WILLING TO PROVIDE THE FILA TECHNOLOGY AND SELL PRODUCTS AND SERVICES TO YOU THROUGH THE FILA ONLINE STORE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM FILA IN CONNECTION WITH THE FILA TECHNOLOGY OR FILA ONLINE STORE (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions (COLLECTIVELY, THE “AGREEMENT”).  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE FILA TECHNOLOGY, THE FILA ONLINE STORE AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE FILA TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM THE FILA ONLINE STORE.

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Authority

By accessing, subscribing, downloading and/or otherwise using the Fila Technology or by making a purchase at the Fila Online Store, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Fila that may be published within the Fila Technology or on this Fila Website.

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Intellectual Property

This Fila Website and the Fila Technology are owned and operated by Fila and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2005 Fila Online, Inc.  All rights reserved.  The compilation and arrangement of all content, data and other information found within the Fila Technology is also the sole and exclusive property of Fila and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the Fila Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Fila and its licensors and fully protected under U.S. and international intellectual property laws.

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Use of the Fila Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Fila grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Fila Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Fila Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services at the Fila Online Store; provided you retain all Fila copyright and proprietary notices contained in the original materials or any copies thereof.  

All rights not expressly stated herein are reserved by Fila and Fila disclaims any and all implied licenses.  Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Fila Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Fila Technology, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Fila Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the Fila Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Fila, its third party suppliers or any other third party.  You agree not to access the Fila Technology by any means other than through the interface that is provided to you by Fila for use in accessing the Fila Technology.

By posting information or other materials on this Fila Website or within the Fila Technology or by making such information available for downloading by you, Fila does not waive any proprietary right in and to the Fila Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Fila Technology except for the limited license expressly granted herein.

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Submissions

Any and all comments, suggestions, ideas, graphics, personally identifiable information and any other information that you transmit to Fila through the Fila Technology ("Submission") become and will remain the sole and exclusive property of Fila and may be used by Fila anywhere, anytime and for any reason whatsoever, subject only to our Website Privacy Policy with respect to our use of your personally identifiable information.  To the extent Fila does not acquire ownership to your Submission, you hereby assign all right, title and interest in and to such information to Fila without the payment of any further consideration to you by Fila.  You agree to execute any instruments and to do all things reasonably requested by Fila to vest in Fila all right, title and interest in and to your Submission.  You also hereby irrevocably designate and appoint Fila and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission as if executed by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Fila.  You also agree to maintain and promptly update your Submissions by means of the Fila Technology in order to keep that information true, accurate, current and complete.

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Trademarks

Fila, Filativa and the other trademarks displayed within the Fila Technology are owned by Fila Luxembourg S.a.r.l.

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Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself or any other individual or entity any Confidential Information of Fila.  "Confidential Information" means any trade secrets or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Fila or its licensors, including, but not limited to, all parts of the Fila Technology and any other materials or information related to the business or activities of Fila that are not generally known to others engaged in similar businesses or activities.

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Warranty Disclaimer

You access and use the Fila Technology at your sole risk.  The Fila Technology is provided to you on an "as is" and “as available” basis.  To the fullest extent permissible pursuant to applicable law, Fila disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise. 

Without limiting the foregoing, Fila does not represent or warrant that (a) the Fila Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Fila Technology will be corrected, (c) the Fila Technology or the servers that operate the Fila Technology are free of viruses or other harmful components, (d) the data, results and information within the Fila Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Fila Technology will meet your needs, requirements or expectations. 

Fila may make changes to the content within the Fila Technology or to the products or services described in it, at any time without notice to you.  Further, Fila, assumes no liability or responsibility for any errors or omissions in the content within the Fila Technology.  The materials in the Fila Technology may be out of date or inaccurate, and Fila specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Fila Technology is done at your sole discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Fila shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Fila.  You acknowledge and agree that Fila shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Fila Technology provided by any other user of this Fila Website or any third party licensors or suppliers of Fila. 

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Fila Technology, and no warranties shall apply after such period.

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Disruptive Behavior

Harassment in any manner or form on this Fila Website or through the use of the Fila Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Fila employee or representative, as well as other members or visitors on this Fila Website or through use of the Fila Technology is prohibited.  You may not upload to, distribute, send or otherwise publish through this Fila Website or within the Fila Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Fila’s then current policies).  You may not upload commercial content on this Fila Website or within the Fila Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Fila Technology; (b) use Internet Relay Chat (IRC) bots via this Fila Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Fila Technology or the normal flow on this Fila Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Fila Website or through the Fila Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Fila Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Fila Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Fila Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Fila or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

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Limitation of Liability

NEITHER FILA, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE FILA TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE FILA TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE FILA TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED AT THE FILA ONLINE STORE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE FILA TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE FILA TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH, OR PURCHASED AT THE FILA ONLINE STORE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE FILA TECHNOLOGY WHETHER OR NOT FILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT SHALL FILA’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO FILA FOR ACCESS AND USE OF THE FILA TECHNOLOGY, THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED BY YOU AT THE FILA ONLINE STORE OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to this Agreement, the Fila Technology and/or the purchase of Fila products and services from the Fila Online Store must be commenced by you within one (1) year after the claim or cause of action arises or be forever barred.

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Participation Disclaimer

Fila does not and cannot review all Submissions posted to or created by users accessing the Fila Technology (including, but not limited to, this Fila Website), and is not in any manner responsible for the content of these communications or the activities of these users.  You acknowledge that by providing you with the ability to view and distribute user-generated content through the Fila Technology (including, but not limited to, this Fila Website), Fila is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities.  Even though Fila may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.  Notwithstanding the foregoing, Fila reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property right of another or (d) offensive or otherwise unacceptable to Fila in its sole discretion.

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Access to Fila Technology

You shall be responsible for obtaining access to the Fila Technology and for all equipment necessary to access the Fila Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges).  You are responsible for all charges associated with connecting you to the Fila Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

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Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Fila Technology and to select a unique username and password in order to be able to access your account and use any of the Fila Technology or to make a purchase through the Fila Online Store.  As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Fila in writing of any breach of security, including, without limitation, unauthorized use of your username or password.  You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account.  If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to service@fila.com.

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Security

The Fila Technology resides on the public internet. Fila uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Fila and any information stored on servers controlled by Fila. Notwithstanding these efforts, Fila cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Fila Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Fila Technology, overloading, "flooding," "mailbombing" or "crashing" the Fila Technology.  Violations of system or network security may result in civil or criminal liability.  Fila reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

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Blog Disclaimer

The blog entries, quotations and other editorial content on this Fila Website are provided “as is” with no warranties and confers no rights.  The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Fila, its parent company and/or their indirect and direct parent companies and affiliates.

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Representations

Subject to the terms and conditions set forth herein, you may use the Fila Technology only for lawful purposes.  The Fila Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances that are applicable to the use of the Fila Technology. 

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Indemnification

You agree to indemnify, defend, and hold harmless Fila, its parent companies, their indirect and direct parent companies and affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Fila Technology; and (d) any use of your Submission by Fila or any other party.

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Termination

You agree that Fila, at its sole discretion, may terminate or suspend your access to and use of the Fila Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Fila believes that you have violated or acted inconsistently with the terms and conditions of this Agreement.  Fila reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Fila Technology (or any part thereof) without notice. You agree that Fila shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Fila Technology.  Your obligations under this Agreement shall continue even after Fila has terminated and/or cancelled this Agreement or your access to the Fila Technology.

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Resale Prohibited

Products sold from this Fila Website may not be resold by you as new or distributed to or through dealers.  Notwithstanding anything to the contrary herein, Fila reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

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Product Display/Colors & Specifications

The Fila Technology (including, but not limited to, this Fila Website) attempts to display product images shown through it as accurately as possible.  However, Fila cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Fila Technology (including, but not limited to, this Fila Website) are subject to change at any time without notice.  Weights and measures are approximate.

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Pricing, Special Offers and Promotions

All prices shown through the Fila Technology (including, but not limited to, this Fila Website) are applicable solely for purchase by users directly from the Fila Online Store located on this Fila Website.  Prices are subject to change without notice.  Prices within the Fila Technology (including, but not limited to, prices on this Fila Website) may not be the same as prices available through Fila sales representatives, telephone orders, promotional offers or Fila retail locations.  Fila does not have a price match guarantee.

Special product, pricing or service offerings and promotions may be displayed from time to time through the Fila Technology (including, but not limited to, on this Fila Website) and are considered discontinued and no longer valid once they are removed from the Fila Technology (including, but not limited to, this Fila Website).  In additional, all such offerings and promotions displayed through the Fila Technology (including, but not limited to, on this Fila Website) are subject to change or cancellation at any time without notice.  Programs/promotions available through Fila sales representatives or telephone orders may not be available through the Fila Technology (including, but not limited to, this Fila Website and the Fila Online Store) and vice versa.

Should you place an order for an item and it goes on sale on this Fila Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid (or we’ll adjust the price you will pay if it has not been shipped yet).  However, you must contact us within seven (7) days of the date on which the price change first appears on this Fila Website – later request will not be honored.

Other product and service limitations and disclaimers may apply.

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Typographical Errors

The price for a product or service on the Fila Website may differ from the price shown in your shopping cart at the time of your purchase at the Fila Online Store -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.  On rare occasions, an item may be priced incorrectly on the Fila Website. If the price for the item on the Fila Website is incorrect, then, at the sole discretion of Fila, Fila may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before shipping the item or charging you for such item; (c) cancel the order for such item and notify you of such cancellation; or (d) ship the item at the incorrect price to your benefit.  If your credit card has already been charged for the purchase and your order is cancelled or refused, Fila shall issue a credit to your credit card account in the amount of the incorrect price that was charged.

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Applicability of Content

This Fila Website is operated in the State of Maryland, United States of America, and Fila makes no representation that the content provided through the Fila Technology are applicable or appropriate for use in jurisdictions other than the United State of America.  If you access our Fila Technology (including, but not limited to, this Fila Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws.  To the extent any applicable local laws prohibit your viewing and use of the Fila Technology, you may not view or use the Fila Technology.

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Product Availability

The Fila Technology (including, but not limited to, this Fila Website) refers to products and services available for purchase at the Fila Online Store by buyers with a shipping address located within the United States of America.  Subject to the terms and conditions of this Agreement, Fila will sell products, and provide services, to you if the product or service is currently available and/or the product is in Fila’s inventory or the service is a service made commercially available by Fila.  Fila cannot guarantee the availability of a product or service at all times. 

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Sales Tax Policy

Sales tax may be added to each order, subject to federal, state, and local tax laws.  We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons.  If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

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Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever.  You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error. 

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Validating Your Order

After you place an order through the Fila Online Store, we will check the information you gave us for validity.  We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever.  If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.

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Paying for Your Order

You may pay for your order by MasterCard, Visa, American Express, or Discover credit and debit cards only.  The accepted methods of payment may change at Fila’s sole discretion.

Your card will be authorized for the full amount of your purchase at the time of your order.  This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.

If you order takes more than a week to ship, we may need to authorize your credit or debit card again, as authorizations generally expire after seven (7) days (however, the amount of time varies by the issuing bank and may be shorter or longer than stated).  Notwithstanding the foregoing statement, any additional authorization required to process your shipment will not cause you to incur any additional charges.

Your credit or debit card is generally charged upon order shipment.  If your order is split into multiple shipments, we will charge the base shipping charge on the first item and the additional‑item shipping charge (if any) on the remaining items.

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Order Cancellation and/or Modification

You may attempt to cancel or modify an order at any time between the time you order the product and/or service and the time we actually ship your order or perform the services.  Upon a written request from you, we will make reasonable efforts to cancel or modify your order.  We may be unable to cancel or modify any purchase from the Fila Online Store after we have received your order.

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Satisfaction Guarantee & Return Policy

If you are not completely satisfied with your purchase after receiving your order, please review our Satisfaction Guarantee.

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Order Processing & Shipment

Please allow up to 1-2 business days for order processing before shipping.  We typically ship only on business days, so if you order on Friday night, your order may not ship until Tuesday.  When your order ships, you will be emailed a shipment tracking number, if the carrier supports that capability.   If you have questions about the status of your order, please visit our Customer Service Center.

We only ship orders from this Fila Website to locations in the United States of America.

All orders placed through the Fila Online Store are subject to product availability and will be shipped F.O.B. our shipping facility.  The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier.  This means that product damaged in transit is the carrier's responsibility and is an issue to be resolved between you and the carrier.

If a carrier does not meet its delivery performance requirements (i.e., next day air before 10:30 AM); you must resolve this issue with the carrier.

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Shipping & Handling Charges

Please refer to the shipment options on the page that appears during the checkout process for current shipping and handling charges.  Fila may change these rates at its sole discretion and without any notice.

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Privacy Policy

We realize that you are concerned about how the information you provide online will be used.  Fila has a Website Privacy Policy that discloses what information Fila collects about you, how Fila uses such information, the steps Fila takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used.  The Website Privacy Policy is available on this Fila Website and is incorporated herein by this reference.  Please read our Privacy Policy for more details.

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Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. 

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Arbitration

In case of any controversy or claim arising out of or related to this Agreement, the parties agree that the matter (other than claims for which injunctive relief is sought) shall be settled by arbitration administered by the American Arbitration Association in accordance with such entity’s expedited arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration shall be conducted in Hunt Valley, Maryland.  Notwithstanding anything to the contrary herein, any claim or controversy involving intellectual property rights, the payment of any fees owed to Fila or your breach of a confidentiality obligation owed to Fila shall be excluded from the foregoing mediation and arbitration requirements.  Subject to the foregoing, each party hereby submits to the personal and exclusive jurisdiction and venue of the State and Federal Courts located in the State of Maryland for purposes of the (a) enforcing arbitral awards, (b) seeking injunctive relief and (c) resolving any disputes between you and Fila not otherwise subject to the arbitration procedure set forth in this Section.  To the fullest extent permitted by applicable law, each of the parties hereby waives and covenants that it will not assert (whether as plaintiff, defendant, or otherwise), any right to trial by jury in any forum in respect of any claim arising out of or based upon this Agreement.

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Fila Intellectual Property Notice

Fila respects the intellectual property of others, and Fila asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fila's Agent the following information (the "Notice"):  (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim has been infringed is located in the Fila Technology; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property rights owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Fila's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at: 

Fila Online, Inc.
1 Fila Way
Sparks, MD  21152
Attn:  General Counsel, Fila North America

If you have any questions concerning the terms and conditions of this Agreement, you may contact our Legal Department:

Fila Online, Inc.
c/o 340 Madison Avenue
New York, New York  10017
Attn:  Global General Counsel, Fila

Phone: 1 (410) 773-3000

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Order of Preference

This Agreement governs your use and access to the Fila Technology and any purchase at the Fila Online Store.  This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Fila. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Fila Site or within the Fila Technology, conflicts with any provision of your other agreements with Fila, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement. 

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Links to Other Web Sites

The Fila Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Fila).  Fila is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Fila.  Fila hereby disclaims any and all liability for, any information, materials, products or services posted or offered at any of the Third Party Sites.  By creating a link to Third Party Sites, Fila does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Fila liable for any failure of products and services offered or advertised at those sites.  Such third parties may have a privacy policy different from that of Fila and Third Party Sites may provide less security than Fila.  Without limiting the foregoing, the Fila Technology may contain offers from Fila for products and services that may be obtained only by linking to the merchant web site to complete the transaction.  Terms of the offer shown on the Fila Technology, including, but not limited to, price, color, quantity, availability and description may vary from those show on the merchant’s web site.  Differences in the terms of an offer between what is displayed in connection with the Fila Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site.  Fila is not responsible or liable for any such differences or discrepancies.

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Important Factors Regarding Forward-Looking Statements

The Fila Technology (including, but not limited to, this Fila Website) may make forward-looking statements concerning Fila’s future performance.  Such statements are subject to risks and uncertainties that my cause Fila’s actual performance to differ materially from that set forth in such forward-looking statements.  Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements.  Such statements speak only as of the date on which they are made.  Fila undertakes no obligation to update publicly or revise any such statements.  Factors that could cause Fila’s actual financial and other results to differ materially from those projected by Fila in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

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Revisions and Consents

Fila reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever.  We also reserve the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Fila Technology (including, but not limited to, on this Fila Website).  Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Fila Website.  By continuing to enter this Fila Website and/or using the Fila Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review these terms and conditions of this Agreement.

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Entire Agreement

This Agreement constitutes the entire agreement between you and Fila with respect to the subject matter addressed herein, and governs your access to and use of the Fila Technology and purchases made by you at the Fila Online Store, superseding any prior agreements between you and Fila relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Fila pursuant to your enrollment and/or participation in other features of the Fila Technology.

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General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.  You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Fila’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein.  Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.  Fila may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Fila.  The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

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Your Rights Documented Here

Your Rights Documented Here

We encourage you to read these Terms and Conditions carefully.