Terms of service

TERMS AND CONDITIONS

Last updated: 03 february 2025

AGREEMENT TO OUR LEGAL TERMS

Welcome to Rowdyactive ("Company," "we," "us," "our"). We operate the website [insert website URL] (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

At rowdyactive, we believe that every woman deserves to feel empowered, confident, and unstoppable. Our mission is to provide premium-quality activewear designed for both performance and style, seamlessly transitioning from workouts to everyday life.

You can contact us by email at contact@rowdyactive.com or by mail at 3060 Williams Dr, Suite 300 #44, Fairfax, VA 22031

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Rowdyactive, concerning your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms.

If you do not agree with all of these terms, you are expressly prohibited from using the Services and must discontinue use immediately.

We will provide prior notice of any scheduled changes to the Services. The modified Legal Terms will become effective upon posting or notifying you via email at contact@rowdyactive.com, as stated in the notification. By continuing to use the Services after the effective date of any changes, you agree to be bound by the updated terms.

The Services are intended for users 18 years or older. Persons under 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
RETURN POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rowdyactive to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) in multiple jurisdictions. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to:

Access the Services.

Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as stated in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks beyond what is permitted in this section, please contact us at [insert customer service email]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible.

We reserve all rights not expressly granted to you in relation to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and result in the immediate termination of your right to use our Services.

Your Submissions and Contributions

Before using our Services, carefully review this section and the "PROHIBITED ACTIVITIES" section to understand:

The rights you grant us.

Your obligations when posting or uploading content.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We will own the Submission and have the unrestricted right to use and distribute it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

Our Services may invite you to engage in activities such as chatting, contributing to blogs, message boards, and online forums, or submitting various types of content, including text, videos, audio, images, comments, and reviews ("Contributions"). Any publicly posted Submission will also be treated as a Contribution.

You acknowledge that Contributions may be viewable by other users and third-party websites.

License Grant for Contributions

By posting any Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to:

Use, copy, reproduce, distribute, sell, publish, broadcast, reformat, translate, and publicly display your Contributions.

Create derivative works of your Contributions and sublicense these rights to others.

This license includes the right to use your name, company name, trademarks, and any images you provide in connection with your Contributions.

Your Responsibilities for Submissions and Contributions

By submitting or posting any content, you:

Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" section and will not submit any illegal, hateful, defamatory, misleading, or otherwise prohibited content.

Waive any moral rights to your Submissions and Contributions to the extent permitted by law.

Warrant that your Submissions and Contributions are original to you or that you have the necessary rights to share them.

Acknowledge that your Submissions and Contributions do not contain confidential information.

You are solely responsible for your Submissions and Contributions and agree to compensate us for any losses resulting from violations of these terms, third-party intellectual property rights, or applicable laws.

Content Removal and Editing

While we are not obligated to monitor Contributions, we reserve the right to remove or edit any Contributions at any time if they violate these Legal Terms. If we take such action, we may also suspend or disable your account and report you to the authorities if necessary.

We respect intellectual property rights. If you believe any material available on our Services infringes upon your copyright, please refer to the "DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY" section.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.

You will maintain the accuracy of such information and promptly update it as necessary.

You have the legal capacity to agree to these Legal Terms.

You are not a minor in your jurisdiction of residence.

You will not access the Services through automated or non-human means (e.g., bots, scripts).

You will not use the Services for illegal or unauthorized purposes.

Your use of the Services will not violate any applicable laws or regulations.

If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Services.

4. USER REGISTRATION

You may need to register to use certain features of the Services. By registering, you agree to:

Keep your password confidential and take full responsibility for any use of your account.

Allow us to remove, reclaim, or change your username if we determine, in our sole discretion, that it is inappropriate, obscene, or objectionable.

5. PRODUCTS

We strive to display products as accurately as possible. However, we do not guarantee that:

Colors, features, specifications, and details will be accurate, complete, or error-free.

Your electronic display will perfectly reflect actual product colors and details.

All products are subject to availability, and we reserve the right to discontinue any products at any time. Prices may change without notice.

6. PURCHASES AND PAYMENT

We accept the following payment methods:

Visa

Mastercard

American Express

Discover

PayPal

Afterpay

Shop Pay

Shop Pay Installments

Your Responsibilities

You agree to provide current, complete, and accurate purchase and account information.

You must promptly update your account and payment details, including email, payment method, and expiration dates.

Sales tax will be applied as required.

All payments must be made in U.S. dollars.

You authorize us to charge your selected payment provider for your purchases and applicable shipping fees.

We reserve the right to correct errors in pricing, even if payment has already been processed.

Order Restrictions

We may:

Refuse any order at our discretion.

Limit or cancel quantities purchased per person, household, or order.

Restrict orders based on customer account, payment method, billing/shipping address.

Prohibit orders that appear to be placed by dealers, resellers, or distributors.

7. RETURN & EXCHANGE POLICY

Please review our Return & Exchange Policy posted on the Services before making any purchases.

8. PROHIBITED ACTIVITIES

You may only use the Services for their intended purpose and not for any unauthorized commercial endeavors.

As a user, you agree not to:

Systematically retrieve data to create a database without our written permission.
Mislead others or attempt to obtain sensitive account information.
Bypass or disable security features, including content protection.
Disparage, tarnish, or harm the reputation of the Services.
Harass, abuse, or harm other users.
Make improper use of support services or submit false abuse reports.
Violate laws or regulations while using the Services.
Frame or link to the Services without authorization.
Upload or transmit viruses, excessive capital letters, or spam that disrupt functionality.
Use automated systems (bots, scripts) to interact with the Services.
Remove copyright notices or proprietary rights.
Impersonate others or use another user's username.
Upload or transmit any tracking mechanisms like spyware or cookies.
Disrupt networks connected to the Services.
Harass, intimidate, or threaten our employees or agents.
Reverse-engineer or modify Service software.
Use unauthorized automated tools (spiders, scrapers, cheats).
Use buying agents to purchase products.
Collect usernames/emails for spam or fraud.
Use the Services to compete with us or for unauthorized commercial purposes.
Sell or transfer your account.
Advertise or sell products using the Services without approval.

Violating these terms may result in suspension or termination of your access to the Services.

9. USER-GENERATED CONTRIBUTIONS

The Services may allow you to create, post, and share content ("Contributions"), including:

Text, writings, videos, photos, graphics, comments, or suggestions.
Contributions may be publicly viewable and shared with third-party websites.
Contributions are considered non-confidential and non-proprietary.

By posting Contributions, you warrant that:

Your content does not infringe copyright, patents, trademarks, trade secrets, or other rights.
You have the necessary permissions to use and authorize others to use your Contributions.
You have written consent from any identifiable individuals in your Contributions.
Your Contributions are accurate and not misleading.
Your Contributions are not spam, pyramid schemes, or unauthorized promotions.
Your Contributions are not obscene, defamatory, harassing, violent, or otherwise objectionable.
Your Contributions do not mock, threaten, or abuse others.
Your Contributions do not promote violence, discrimination, or illegal activities.
Your Contributions do not violate privacy rights or laws related to child protection.
Your Contributions do not include hate speech or offensive content based on race, gender, or other characteristics.
Your Contributions do not link to illegal or violating content.

Violating these terms may result in removal of content, suspension, or termination of access

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the RowdyActive platform or making Contributions accessible to RowdyActive by linking your account from the platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to RowdyActive an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed and includes RowdyActive’s use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

RowdyActive does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. RowdyActive is not liable for any statements or representations in your Contributions provided by you in any area on the platform. You are solely responsible for your Contributions to the platform, and you expressly agree to exonerate RowdyActive from any and all responsibility and to refrain from any legal action against RowdyActive regarding your Contributions.

RowdyActive reserves the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. RowdyActive has no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

RowdyActive may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. You must have firsthand experience with the person, entity, or product being reviewed.

2. Your reviews must not contain offensive profanity, or abusive, racist, offensive, or hateful language.

3. Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

4. Your reviews must not contain references to illegal activity.

5. You must not be affiliated with competitors if posting negative reviews.

6. You must not make any conclusions as to the legality of conduct.

7. You may not post any false or misleading statements.

8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

RowdyActive reserves the right, in its sole discretion, to accept, reject, or remove reviews. We have no obligation to screen or delete reviews, even if someone considers them objectionable or inaccurate. Reviews posted on RowdyActive are not endorsed by us and do not necessarily reflect our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

By posting a review, you grant RowdyActive a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.

12. MOBILE APPLICATION LICENSE

Use License

If you access the RowdyActive Services via the RowdyActive App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the RowdyActive App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the RowdyActive App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the RowdyActive App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by RowdyActive or the licensors of the RowdyActive App; (5) use the RowdyActive App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the RowdyActive App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the RowdyActive App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the RowdyActive App; (8) use the RowdyActive App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the RowdyActive App.

Apple and Android Devices

The following terms apply when you use the RowdyActive App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the RowdyActive Services: (1) the license granted to you for our RowdyActive App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) RowdyActive is responsible for providing any maintenance and support services with respect to the RowdyActive App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the RowdyActive App; (3) in the event of any failure of the RowdyActive App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the RowdyActive App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the RowdyActive App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the RowdyActive App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the RowdyActive App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

13. SOCIAL MEDIA

As part of the functionality of the RowdyActive Services, you may link your RowdyActive account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the RowdyActive Services; or (2) allowing RowdyActive to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to RowdyActive and/or grant RowdyActive access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating RowdyActive to pay any fees or making RowdyActive subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting RowdyActive access to any Third-Party Accounts, you understand that (1) RowdyActive may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the RowdyActive Services via your account, including without limitation any friend lists and (2) RowdyActive may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the RowdyActive Services. Please note that if a Third-Party Account or associated service becomes unavailable or RowdyActive’s access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the RowdyActive Services. You will have the ability to disable the connection between your RowdyActive account and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. RowdyActive makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and RowdyActive is not responsible for any Social Network Content. You acknowledge and agree that RowdyActive may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the RowdyActive Services. You can deactivate the connection between the RowdyActive Services and your Third-Party Account by contacting RowdyActive using the contact information below or through your account settings (if applicable). RowdyActive will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by RowdyActive, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by RowdyActive. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and RowdyActive takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that RowdyActive does not endorse the products or services offered on Third-Party Websites and you shall hold RowdyActive blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold RowdyActive blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. SERVICES MANAGEMENT RowdyActive reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY RowdyActive cares about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications RowdyActive respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to RowdyActive's Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which RowdyActive is located; (3) A statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) Your name, address, and telephone number; (5) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent [New Contact Information for RowdyActive] Attn: Copyright Agent [Company Address] [City, State, ZIP Code] [Email Address]

18. TERM AND TERMINATION These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, ROWDYACTIVE RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, RowdyActive reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

RowdyActive reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. RowdyActive will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. RowdyActive reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that RowdyActive has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate RowdyActive to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or RowdyActive (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. RowdyActive reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ROWDYACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROWDYACTIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.