Privacy & Terms of Use
WELCOME TO THE UNDEFEATED INC™ SHOP (SITE). PLEASE REVIEW THE FOLLOWING BASIC TERMS THAT GOVERN YOUR USE OF, AND PURCHASE OF, PRODUCTS FROM OUR SITE. PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THOSE TERMS (THE "AGREEMENT").
PRIVACY
UNDEFEATED.COM RESPECTS OUR CUSTOMERS’ ACCOUNT INFORMATION AS PRIVATE AND CONFIDENTIAL INFORMATION. YOUR INFORMATION IS SECURED AND ENCRYPTED WITH THE SECURE SOCKET LAYER SOFTWARE VIA PAYPAL AND/OR AUTHORIZE.NET.
- PURPOSE OF COLLECTION OF PERSONAL INFORMATION.WE COLLECT PERSONAL INFORMATION FROM YOU WHEN YOU VOLUNTARILY PROVIDE IT TO US. IT CAN BE IN CONNECTION WITH YOUR PURCHASES ON THE WEBSITE, YOUR SUBSCRIPTION TO EMAILS AND NEWSLETTERS, YOUR REVIEWS OF OUR PRODUCTS, YOUR PARTICIPATION WITH PROMOTIONS AND ANY OTHER TYPE OF ACTIVITIES FOR WHICH YOU WOULD NEED TO PROVIDE YOUR INFORMATION. PROVIDING OF YOUR PERSONAL INFORMATION IS VOLUNTARY OR DIRECTLY CONNECTED TO A DIRECT PURCHASE; WE DO NOT COLLECT PERSONAL INFORMATION WHEN YOU VISIT THE WEBSITE, UNLESS SPECIFIED IN THIS POLICY. YOU CAN CHOOSE NOT TO PROVIDE CERTAIN INFORMATION, BUT THEN YOU MIGHT NOT BE ABLE TO TAKE ADVANTAGE OF CERTAIN OF OUR PRODUCTS OR SERVICES.
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COLLECTION AND USE OF INFORMATION. UNDEFEATED OBTAINS ITS INFORMATION ABOUT YOU DIRECTLY FROM YOU. DEPENDING ON THE TYPE OF PRODUCT OR SERVICE REQUESTED, UNDEFEATED WILL COLLECT THE FOLLOWING INFORMATION: YOUR NAME, BIRTHDAY, GENDER, ADDRESS, SHIPPING ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER, AND CREDIT CARD NUMBER. PERSONAL INFORMATION WILL BE COLLECTED ONLY FOR THE PURPOSE OF FULFILLING THE SPECIFIC REQUEST FOR INFORMATION OR FOR PRODUCTS OR SERVICES REQUESTED AT THE TIME THE INFORMATION IS COLLECTED UNLESS YOU SPECIFICALLY CONSENT, AT THE TIME, TO ANOTHER USE OF YOUR PERSONAL INFORMATION.
WE MAY USE YOUR PERSONAL INFORMATION IN ORDER TO: (1) PROCESS YOUR ORDERS; (2) CONTACT YOU TO CONFIRM YOUR ORDER, INCLUDING SENDING YOU EMAILS TO ACKNOWLEDGE YOUR ORDER AND CONFIRM YOUR ORDER STATUS AND SHIPMENT OR IF THERE IS A DIFFICULTY IN COMPLETING OR SHIPPING YOUR ORDER; (3) RESPOND TO YOUR REQUESTS (4) ADMINISTER PROMOTIONS IN WHICH YOU PARTICIPATE (5) IMPROVE YOUR CUSTOMER EXPERIENCE (6) ENFORCE THIS PRIVACY POLICY OR THE WEBSITE TERMS OF USE, AND WHERE YOU HAVE SPECIFICALLY CONSENTED OR REQUESTED US TO DO SO (7) TO SEND YOU NEWSLETTERS (8) TO SEND YOU PROMOTIONAL EMAILS AND (9) TO INFORM YOU OF NEW PRODUCTS, SERVICES AND OFFERS. TO LIMIT OR OPT-OUT OF ANY NON-ESSENTIAL PROCESSING PURPOSES PLEASE CONTACT US AT PRIVACY@UNDEFEATED.COM
- SHARING AND USE OF INFORMATION. WE DO NOT SELL YOUR PERSONAL INFORMATION, AND EXCEPT AS DISCLOSED IN THIS PRIVACY POLICY,WE DO NOT SHARE YOUR PERSONAL INFORMATION. WE MAY SHARE YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, WITH COMPANIES THAT ARE AFFILIATED WITH US (E.G. SUBSIDIARIES, THIRD-PARTY COMPANIES USED TO FULFILL PURCHASE ORDERS, THIRD-PARTY COMPANIES INVOLVED IN WEBSITE MAINTENANCE), IN ORDER TO HELP US TO MANAGE AND MAINTAIN THE WEBSITE OR TO DELIVER THE PRODUCTS, SERVICES OR INFORMATION YOU REQUEST. WE MAY SHARE YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, FOR MANY REASONS, INCLUDING WITHOUT LIMITATION, FACILITATING SOME ASPECTS OF OUR WEBSITE, SENDING EMAIL, FULFILLING PURCHASE REQUESTS, DELIVERING ORDERS, PROCESSING CREDIT CARDS AND PAYMENT INFORMATION, VERIFICATION, FRAUD PREVENTION, CREDIT CARD AUTHORIZATION, SERVING, CUSTOMIZING OR DELIVERING MARKETING MATERIAL, AND AUDITING. THESE COMPANIES MAY BE SUPPLIED WITH OR HAVE ACCESS TO YOUR PERSONAL INFORMATION AND NON-PERSONAL INFORMATION SOLELY FOR THE PURPOSE OF PROVIDING THESE SERVICES TO US OR ON OUR BEHALF.
- YOUR RIGHTS. IN COMPLIANCE WITH THE CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”), YOU MAY HAVE THE RIGHT TO: (1) REQUEST ALL THE INFORMATION THAT HAS BEEN COLLECTION ON YOU, (2) REQUEST DETAILS ON ALL CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT, (3) REQUEST YOUR INFORMATION BE DELETED (WITH EXCEPTIONS), AND (4) REQUEST TO “OPT OUT” OF THE SALE OF YOUR INFORMATION TO ANY THIRD PARTY.
CALIFORNIA CONSUMERS MAY MAKE A REQUEST PURSUANT TO THEIR RIGHTS UNDER THE CCPA BY CONTACTING US AT PRIVACY@UNDEFEATED.COM, OR CALLING TOLL FREE (213) 973-5018. WE WILL VERIFY YOUR REQUEST USING THE INFORMATION ASSOCIATED WITH THE ACCOUNT, INCLUDING EMAIL. GOVERNMENT ISSUED ID MAY BE REQUIRED. CONSUMERS CAN ALSO DESIGNATE AND AUTHORIZED AGENT TO EXERCISE THESE RIGHTS ON THEIR BEHALF
GENERAL
WE MAY, FROM TIME TO TIME, CHANGE THE TERMS THAT GOVERN YOUR USE OF OUR SITE. YOUR USE OF OUR SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. WE MAY CHANGE, MOVE OR DELETE PORTIONS OF, OR MAY ADD TO, OUR SITE FROM TIME TO TIME.
PRODUCT INFORMATION
UNDEFEATED INC™ PRODUCTS DISPLAYED AT THE SITE ARE AVAILABLE IN SELECT STORES IN THE UNITED STATES AND SELECT FOREIGN MARKETS WHILE SUPPLIES LAST. IN SOME CASES, MERCHANDISE DISPLAYED FOR SALE AT THE SITE MAY NOT BE AVAILABLE IN STORES. THE PRICES DISPLAYED AT THE SITE ARE QUOTED IN U.S. DOLLARS AND ARE VALID AND EFFECTIVE ONLY IN THE UNITED STATES.
PRODUCT AVAILABILITY
ALTHOUGH AVAILABILITY MAY BE INDICATED ON THE SITE, WE CANNOT GUARANTEE PRODUCT AVAILABILITY AND PRODUCTS, NONETHELESS, MAY NOT BE AVAILABLE FOR IMMEDIATE DELIVERY. WE RESERVE THE RIGHT, WITHOUT LIABILITY OR PRIOR NOTICE, TO REVISE, DISCONTINUE, OR CEASE TO MAKE AVAILABLE ANY OR ALL PRODUCTS OR TO CANCEL ANY ORDER. IF THERE IS ANY REVISION, DISCONTINUANCE, OR CESSATION, WE MAY, IN OUR DISCRETION, SHIP PRODUCTS WHICH HAVE SUBSTANTIALLY SIMILAR FUNCTIONALITY AND SPECIFICATIONS TO THE PRODUCTS ORDERED OR CANCEL YOUR ORDER. IN THE CASE WHERE A SUITABLE SUBSTITUTE CANNOT BE FOUND WE RESERVE THE RIGHT, WITHOUT LIABILITY OR PRIOR NOTICE, TO REFUND THE ITEM AND CONTINUE TO PROCESS AND SHIP ANY REMAINING ITEMS ON THE ORDER.
LAUNCH PRODUCTS
ONCE AN ORDER IS PLACED FOR THESE ITEMS, THE SALE IS FINAL AND CANNOT BE CANCELLED, REFUNDED OR EXCHANGED. WE RESERVE THE RIGHT TO CANCEL ANY ORDERS SUBJECT TO A RESTOCKING FEE, ACCEPT ALL ORDERS, OR BAN ANY USER THAT WE REASONABLY DETERMINE USED BROWSER AUTOMATION, BOTS OR A RESERVATION SERVICE TO PURCHASE THESE PRODUCTS. WE RESERVE THE RIGHT TO REFUSE BULK ORDERS. MULTIPLE ORDERS PLACED FOR THE SAME PRODUCT ON ITEMS LIMITED TO ONE (1) PER CUSTOMER IS A VIOLATION OF OUR POLICY AND DEPRIVES OTHER CUSTOMERS OF THE OPPORTUNITY TO PURCHASE THESE PRODUCTS AND IS A COST AND BURDEN TO OUR WAREHOUSE AND WEB DEPARTMENT. WE RESERVE THE RIGHT TO CANCEL THE ORDERS OR ACCEPT THE MULTIPLE PURCHASES AT OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO MAKE EXCEPTIONS AND CANCEL, REFUND OR EXCHANGE A LAUNCH PRODUCT AT OUR SOLE DISCRETION. ANY RETURN SHIPPING MUST BE PAID BY CUSTOMER.
ORDERS CANCELLED, RETURNED, REFUSED OR RETURNED AS UNDELIVERABLE WHEN SENT TO THE ADDRESS PROVIDED BY THE CUSTOMER DEPRIVES OTHER CUSTOMERS OF THE OPPORTUNITY TO PURCHASE THESE PRODUCTS AND IS BURDEN TO OUR WAREHOUSE AND INTERNET DEPARTMENT AND THEREFORE WILL BE SUBJECT TO A 20% RESTOCKING FEE + $12 RETURNED SHIPPING FEE.
CREDIT CARD PERMISSION BY PARENT, GUARDIAN OR THIRD PARTY
COLORS
WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR AT THE SITE. HOWEVER, AS THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR MONITOR, WE CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY COLOR WILL BE ACCURATE.
USE OF BOTS
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE (HEREINAFTER "BOT") IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS OF ANY OR ALL PURCHASES MADE BY BOTS AND/OR CHARGE A 20% RESTOCKING FEES FOR CANCELLED OR RETURNED ITEMS. MULTIPLE ORDERS BY THE SAME CUSTOMER WITHIN SECONDS IS COMPELLING EVIDENCE OF THE USE OF A BOT.
DISPUTES
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF A OUR SITE, OR TO ANY PRODUCTS SOLD BY US SHALL BE ARE SUBJECT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CHOICE OR CONFLICTS OF LAW PRINCIPLES. FURTHER, YOU AGREE TO THE JURISDICTION OF THE CENTRAL DISTRICT OF CALIFORNIA OR THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES, CALIFORNIA TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY THAT RELATES TO OR ARISES IN CONNECTION WITH THIS AGREEMENT.
SITE CONTENTS
UNLESS OTHERWISE NOTED, ALL MATERIALS, INCLUDING IMAGES, ILLUSTRATIONS, DESIGNS, ICONS, PHOTOGRAPHS, VIDEO CLIPS, AND WRITTEN AND OTHER MATERIALS THAT APPEAR AS PART OF THIS SITE (COLLECTIVELY, THE "CONTENTS") ARE COPYRIGHTS, TRADEMARKS, TRADE DRESS AND/OR OTHER INTELLECTUAL PROPERTIES OWNED, CONTROLLED OR LICENSED BY UNDEFEATED INC™ COLLECTIVELY, AND ITS SUBSIDIARIES AND/OR AFFILIATES (UNDFTD™). THE SITE AS A WHOLE IS PROTECTED BY COPYRIGHT AND TRADE DRESS, ALL WORLDWIDE RIGHTS, TITLES AND INTERESTS IN AND TO WHICH ARE OWNED BY UNDEFEATED INC™.
THE CONTENTS OF OUR SITE, AND THE SITE AS A WHOLE, ARE INTENDED SOLELY FOR PERSONAL, NONCOMMERCIAL (OTHER THAN FOR THE PURCHASE OF MERCHANDISE FROM OUR SITE) USE BY THE USERS OF OUR SITE. YOU MAY DOWNLOAD OR COPY THE CONTENTS AND OTHER DOWNLOADABLE MATERIALS DISPLAYED ON THE SITE FOR YOUR PERSONAL USE ONLY. NO RIGHT, TITLE OR INTEREST IN ANY DOWNLOADED MATERIALS OR SOFTWARE IS TRANSFERRED TO YOU AS A RESULT OF ANY SUCH DOWNLOADING OR COPYING. YOU MAY NOT REPRODUCE (EXCEPT AS NOTED ABOVE), PUBLISH, TRANSMIT, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS FROM, SELL OR PARTICIPATE IN ANY SALE OF, OR EXPLOIT IN ANY WAY, IN WHOLE OR IN PART, ANY OF THE CONTENTS, THE SITE, OR ANY RELATED SOFTWARE.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
ALL COMMENTS, FEEDBACK, POSTCARDS, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS DISCLOSED, SUBMITTED OR OFFERED TO UNDEFEATED INC™ ON OR BY THIS SITE OR OTHERWISE DISCLOSED, SUBMITTED OR OFFERED IN CONNECTION WITH YOUR USE OF THIS SITE (COLLECTIVELY, "COMMENTS") SHALL BE AND REMAIN UNDEFEATED INC™ PROPERTY. SUCH DISCLOSURE, SUBMISSION OR OFFER OF ANY COMMENTS SHALL CONSTITUTE AN ASSIGNMENT TO UNDEFEATED INC™ OF ALL WORLDWIDE RIGHTS, TITLES AND INTERESTS IN ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTIES IN THE COMMENTS. THUS, UNDEFEATED INC™ WILL OWN EXCLUSIVELY ALL SUCH RIGHTS, TITLES AND INTERESTS AND SHALL NOT BE LIMITED IN ANY WAY IN ITS USE, COMMERCIAL OR OTHERWISE, OF ANY COMMENTS. UNDEFEATED INC™ IS AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY TO USER ANY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY USER COMMENTS.
YOU AGREE THAT NO COMMENTS SUBMITTED BY YOU TO THE SITE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT(S). YOU FURTHER AGREE THAT NO COMMENTS SUBMITTED BY YOU TO THE SITE WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY COMMENTS YOU MAKE.
YOU AGREE THAT UNDEFEATED INC™ MAY USE AND/OR DISCLOSE INFORMATION ABOUT YOUR DEMOGRAPHICS AND USE OF THE SITE IN ANY MANNER THAT DOES NOT REVEAL YOUR IDENTITY. BY PARTICIPATING IN SITE SWEEPSTAKES, CONTESTS, PROMOTIONS, AND/OR REQUESTING PROMOTIONAL INFORMATION OR PRODUCT UPDATES, YOU AGREE THAT UNDEFEATED INC™ MAY USE YOUR INFORMATION FOR MARKETING AND PROMOTIONAL PURPOSES.
'UNDEFEATED' COMMUNICATIONS TO YOU
YOU AGREE THAT UNDEFEATED INC™ MAY SEND ELECTRONIC MAIL TO YOU FOR THE PURPOSE OF ADVISING YOU OF CHANGES OR ADDITIONS TO THIS SITE, ABOUT ANY OF UNDEFEATED INC™ PRODUCTS OR SERVICES, OR FOR SUCH OTHER PURPOSE(S) AS UNDEFEATED INC™ DEEMS APPROPRIATE.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT UNDEFEATED INC™ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
FROM TIME TO TIME THERE MAY BE INFORMATION ON UNDEFEATED.COM THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. IF YOU ARE NOT COMPLETELY SATISFIED WITH YOUR UNDEFEATED.COM PURCHASE YOU MAY RETURN IT FOR STORE CREDIT WITH YOUR INVOICE TO ANY UNDEFEATED™ STORE LOCATIONS. PLEASE SEE OUR RETURN POLICY.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD UNDEFEATED INC™ HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE.
MISCELLANEOUS
UNLESS OTHERWISE SPECIFIED AND EXCEPT TO THE EXTENT UNDEFEATED INC™ PRODUCTS ARE OFFERED FOR SALE IN THE UNITED STATES THROUGH THIS SITE, THIS SITE AND THE CONTENTS THEREOF ARE DISPLAYED SOLELY FOR THE PURPOSE OF PROMOTING UNDEFEATED INC™ PRODUCTS AND SERVICES AVAILABLE IN THE UNITED STATES AND SELECT FOREIGN MARKETS. THIS SITE IS CONTROLLED AND OPERATED BY UNDEFEATED INC™ FROM ITS OFFICE IN LOS ANGELES, CALIFORNIA.
THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.
TERMINATION
THIS AGREEMENT IS EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR UNDEFEATED INC™. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME. UNDEFEATED INC™ ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME AND MAY DO SO IMMEDIATELY WITHOUT NOTICE, AND ACCORDINGLY DENY YOU ACCESS TO THE SITE, IF IN UNDEFEATED INC™ SOLE DISCRETION YOU FAIL TO COMPLY WITH ANY TERM OR PROVISION OF THIS AGREEMENT. UPON ANY TERMINATION OF THIS AGREEMENT BY EITHER YOU OR UNDEFEATED INC™, YOU MUST PROMPTLY DESTROY ALL MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, AS WELL AS ALL COPIES OF SUCH MATERIALS, WHETHER MADE UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE.
CONTACT US
If you have any questions or suggestions regarding our privacy policy, if you wish to be removed from our mailing list or for any other information, you may contact us at:
Undefeated, Inc.
info@undefeated.com