Terms and Conditions of Use

The Thoos website is owned by Get Out Sports. This page contains proprietary rights notices and terms of use of this Site, which Get Out Sports may change at any time without notice.

Use of the Thoos Web Site is subject to certain Terms and Conditions of Use. Please read them carefully before using the Site. Your use of the Site means that you accept these Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, please do not visit or use the Thoos Web Site. The most current version of this document can be found at http://thoos.com/blog/terms-and-conditions-of-use.

Proprietary Rights

All materials on this Site are the property of Get Out Sports, unless otherwise specified. Without Get Out Sports’s prior written permission, you may not copy, modify, display or prepare derivative works based upon the materials on this Site, except that, unless otherwise stated, you may print one copy on one computer for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark and other proprietary notices. Note that any product or service referenced on this Site may be subject to other proprietary rights reserved by Get Out Sports and are not licensed hereunder. All rights not expressly granted herein are reserved.

Get Out Sports grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of Get Out Sports’s products and services, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. However, this permission does not extend to (a) the design or layout of this Web Site, or (b) any materials which are governed by license terms separate from these Terms and Conditions of Use.

Postings, Reviews, Communications and Other Content

Visitors and members may post content to this site so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of SPAM. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Get Out Sports reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Get Out Sports and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Get Out Sports and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Get Out Sports or its affiliates for all claims resulting from content you supply. Get Out Sports has the right but not the obligation to monitor and edit or remove any activity.

Trademarks

Thoos, Get Out Sports and the Thoos logo are trademarks of Get Out Sports.

Except as expressly granted in this document (or to you specifically in writing), Get Out Sports does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Confidentiality

You are responsible for maintaining the confidentiality of your account username and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

In order to ensure that Get Out Sports is able to provide high quality services which are responsive to customer needs, you must consent to Get Out Sports’s employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Get Out Sports shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a user’s account.

Account Termination

We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users, violated any copyright, or the interfered with the administration of Get Out Sports’s services, or violated these Terms and Conditions of Use.

Disclaimers

You understand and agree that Get Out Sports’s services are provided “AS-IS”. Get Out Sports assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF Get Out Sports’S SERVICES AND THE Thoos WEBSITE ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Get Out Sports’S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED FROM USING SERVICES OR INFORMATION OBTAINED THROUGH THIS SITE. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, Get Out Sports DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Get Out Sports’S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Get Out Sports’S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Get Out Sports’S SERVIC

Get Out Sports WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE Get Out Sports’S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Get Out Sports’S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Get Out Sports HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Get Out Sports makes no representations whatsoever about any other Web Site which you may access through this one. Such linked sites are not under the control of Get Out Sports, and Get Out Sports is not responsible for the contents of any linked Site or any link contained in a linked Site or any changes to such sites. Such links are provided only as a convenience, and the inclusion of a link does not imply Get Out Sports’s endorsement of the linked Site.

Indemnification

You agree to indemnify, defend and hold harmless Get Out Sports, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Get Out Sports’s services, your violation of the Terms and Conditions of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms and Conditions of Use will inure to the benefit of Get Out Sports’s successors, assigns and licensees.

Applicable Laws

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions of Use to be unenforceable, the remainder of the Terms and Conditions of Use will continue in full force and effect.

These Terms and Conditions of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use will be effective only if in writing and signed by Get Out Sports.

Limitations on Use

This Site may include inaccuracies or typographical errors. Information on this Site and any products or services to which this Site refers may be changed at any time without notice.

Get Out Sports may revise these Terms and Conditions of Use at any time. Revisions will be posted on this page, and users are responsible for reviewing this page from time to time to ensure compliance.