Terms of Use for Undefeated

These Terms of Use (“Terms”) govern your access to and use of the Site, Service, and any content, products, or services made available through the Site (collectively, the “Platform”). By accessing or using the Platform, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (as applicable). If you do not agree to these Terms, you may not access or use the Platform.

1. Eligibility and Account Creation

1.1 Eligibility

To use the Platform, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into a binding contract. By using the Platform, you represent and warrant that you meet these eligibility requirements. We reserve the right to terminate your access if we reasonably believe you do not meet these criteria.

1.2 Account Creation

To access certain features of the Platform (e.g., placing orders, saving preferences, tracking orders), you may need to create a user account. When creating an account, you agree to:

  • Provide accurate, current, and complete information (including your name, email address, and password);
  • Maintain and update your account information to keep it accurate, current, and complete;
  • Keep your account password secure and confidential, and not share it with any third party;
  • Be solely responsible for all activities conducted under your account.

We reserve the right to suspend or terminate your account if you provide false, inaccurate, or incomplete information, or if we suspect unauthorized use of your account. If you believe your account has been compromised, please contact us immediately at [email protected].

2. Grant of Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes only. This license does not include the right to:

  • Use the Platform for any commercial purpose without our prior written consent (e.g., reselling products, scraping content for commercial gain);
  • Modify, adapt, reverse engineer, decompile, or disassemble any part of the Platform;
  • Use any automated tools (e.g., bots, crawlers, scrapers) to access or collect data from the Platform without our prior written consent;
  • Distribute, reproduce, or publicly display any content from the Platform without our prior written consent;
  • Bypass any security measures or access restrictions of the Platform.

3. User Conduct

You agree to use the Platform in a lawful, respectful, and responsible manner. You shall not:

  • Violate any applicable laws, regulations, or third-party rights (including intellectual property rights, privacy rights, and contractual rights);
  • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
  • Upload, post, or transmit any content that contains viruses, malware, or other harmful code;
  • Impersonate any person or entity, or falsely state or imply your affiliation with any person or entity;
  • Engage in fraudulent activity (e.g., using stolen payment methods, creating fake accounts, making false claims about products);
  • Interfere with or disrupt the operation of the Platform (e.g., overloading servers, disrupting network connections);
  • Collect or store personal information of other Users without their consent;
  • Violate any additional guidelines or rules posted on the Platform (e.g., community guidelines, product-specific rules).

We reserve the right to monitor your use of the Platform and take action (including removing content, suspending or terminating your account, or reporting you to law enforcement) if you violate these conduct rules.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content on the Platform, including but not limited to logos, trademarks, brand names, product images, text, graphics, and software (“Our Content”), is the property of Undefeated or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use Our Content without our prior written consent.

The “Undefeated” name and logo, and any other trademarks associated with our brand, are trademarks of Undefeated. You may not use these trademarks without our prior written permission.

4.2 User-Generated Content

If you upload, post, or transmit any content to the Platform (e.g., reviews, comments, photos) (“User-Generated Content”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such content for the purpose of operating, promoting, and improving the Platform. You represent and warrant that:

  • You own or have the necessary rights to grant this license for the User-Generated Content;
  • The User-Generated Content does not infringe any third-party intellectual property rights, privacy rights, or other legal rights;
  • The User-Generated Content is accurate and not misleading.

We reserve the right to remove any User-Generated Content that violates these Terms or is otherwise objectionable, in our sole discretion.

5. Third-Party Links and Services

The Platform may contain links to third-party websites, services, or content (“Third-Party Materials”). We do not control, endorse, or assume responsibility for Third-Party Materials. Your use of Third-Party Materials is at your own risk, and you should review the terms of use and privacy policies of any third-party platforms you access. We shall not be liable for any loss or damage arising from your use of Third-Party Materials.

6. Disclaimers of Warranties

THE PLATFORM, INCLUDING ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT ON THE PLATFORM;
  • WARRANTIES REGARDING THE QUALITY OR PERFORMANCE OF PRODUCTS SOLD THROUGH THE PLATFORM (EXCEPT AS EXPRESSLY STATED IN OUR TERMS OF PURCHASE).

WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDEFEATED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED $100 USD, OR THE AMOUNT YOU PAID TO US FOR PRODUCTS OR SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM, WHICHEVER IS GREATER.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Undefeated, its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the Platform;
  • Your violation of these Terms or any applicable laws or regulations;
  • Your violation of any third-party rights (including intellectual property rights, privacy rights, or contractual rights);
  • Your User-Generated Content;
  • Your account activities.

9. Termination

We may terminate or suspend your access to the Platform at any time, with or without notice, for any reason, including but not limited to:

  • Your violation of these Terms;
  • Suspicious or fraudulent activity associated with your account;
  • Inactivity of your account for an extended period (as determined by us);
  • Changes to the Platform that require termination of access;
  • Legal or regulatory requirements that compel us to terminate access.

Upon termination, your license to use the Platform will immediately cease. Sections 4 (Intellectual Property Rights), 6 (Disclaimers of Warranties), 7 (Limitation of Liability), 8 (Indemnification), and 10 (General Provisions) shall survive termination.

10. General Provisions

10.1 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall first be resolved by contacting us at [email protected] to seek a mutually acceptable resolution. If we are unable to resolve the dispute amicably within 30 days, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

10.2 Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this policy and post the revised Terms on the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

10.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

10.4 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision.

10.5 Entire Agreement

These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Undefeated regarding your use of the Platform, and supersede all prior or contemporaneous agreements, communications, and understandings (whether oral or written).

10.6 Assignment

You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms at any time without notice.

11. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us at:

Undefeated

Email: [email protected]