Terms and Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This Terms are the agreement between you, any company or business entity on whose behalf you are acting, and True performance, its subsidiaries, and affiliates (collectively “True performance”) which own and operate True performance’s network of Web properties (collectively the “True performance Site”).
If you do not wish to be bound by these Terms and conditions, please do not use this Web site. Your continued use of the True performance Site constitutes your affirmative consent to these Terms and conditions.
License to use website
Unless otherwise stated, True performance and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or regarding any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without True performance's express written consent.
Access to certain areas of this website is restricted. True performance reserves the right to restrict access to other areas of this website, or indeed this entire website, at True performance's discretion.
The term “True performance Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the True performance Site by True performance, except User-Provided Content. You agree that all True performance Content is the sole and exclusive property of True performance and its licensors who shall retain all right, title, and interest in and to it.
You grant to True performance a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to True performance the right to sub-license these rights, and the right to bring an action for infringement of these rights.
True performance does not control, and is not responsible for, any User-Provided Content, nor does True performance guarantee its accuracy or integrity. Notwithstanding, True performance retains the unlimited right, at its sole discretion, to monitor all User-Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User-Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to User-Provided Content contributed by other users of the True performance Site which may be that is offensive and/or objectionable to you.
The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the True performance Site (“Trademarks”) are registered and unregistered trademarks of True performance and others. Except as provided in these Terms and Conditions or by written permission of True performance, you may not copy, imitate, or use the Trademarks.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and cannot give rise to legal action whether against you or True performance or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Purchasing Products or Services
True performance may make its products or services available for purchase from time to time through the True performance Site. True performance makes a conscientious effort to provide accurate information regarding the features, specifications, pricing, and availability of True performance’s products and services (“Product Information”). Occasionally, Product Information may contain typographical errors, inaccuracies, or omissions, and therefore, True performance cannot and does not guarantee the accuracy or completeness of Product Information. True performance reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice to you.
RECEIVING AN ORDER ACKNOWLEDGEMENT DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. TRUE PERFORMANCE RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Breaches of these terms and conditions
Without prejudice to True performance's other rights under these terms and conditions, if you breach these terms and conditions in any way, True performance may take such action as True performance deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
True performance may for any reason change, suspend, or discontinue any aspect of the True performance Site, this Agreement, True performance Content, or User-Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the True performance Site. Your use of the True performance Site after the time Changes are posted indicates your assent to the Changes. True performance may also impose limits on certain features and services or restrict your access to parts or all the True performance Site without notice or liability. Your sole and exclusive remedy in the event of any of the foregoing will be to terminate your use of the True performance Site. Upon termination, you must immediately destroy any downloaded and/or printed True performance Content, and any installations thereof, which you have obtained from the True performance Site.
You hereby indemnify True performance and undertake to keep True performance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by True performance to a third party in settlement of a claim or dispute on the advice of True performance's legal advisers) incurred or suffered by True performance arising out of any claim that you have breached any provision of these terms and conditions.
You agree that True performance will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the True performance Site. This includes, but is not limited to, loss or injury caused in whole or in part by True performance’s procuring, compiling, interpreting, reporting or delivering any portion of the True performance Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
True performance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Copyright law of Germany and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Germany [JURISDICTION].