Terms and Conditions
MY ASICS is a free on-line running service that you may download for free, although normal data charges may apply. MY ASICS may allow you, among other things, to create free personalized running training schedules, maintain your personal online logbook, see statistics, save routes and add them to your logbook, as well as share your experiences and tips through ASICS Exchange (“MY ASICS”). MY ASICS, the associated websites (hereafter the “Websites”), including but not limited to my.asics.com and exchange.asics.com, and the MY ASICS app (the “MY ASICS Service”) are offered by ASICS America Corporation, 80 Technology Drive, Irvine, California 92618, U.S.A., and its group companies (“ASICS”). The following general terms and conditions (“Terms and Conditions”) apply to MY ASICS Service, and your use thereof.
By using MY ASICS Service, you agree to be bound by these Terms and Conditions. You acknowledge that these Terms and Conditions are between you and ASICS and not with the application store (including but not limited to the App Store, Google Play Store and Windows Phone Store) from which you downloaded the App (“Application Store”). Each Application Store may have its own terms and conditions to which you must agree before downloading apps from it. You agree to comply with, and your license to use the App is conditional upon your compliance with, such Application Store terms and conditions. To the extent that terms and conditions from such Application Stores are less restrictive than, or otherwise conflict with, these Terms and Conditions, the more restrictive or conflicting terms and conditions in these Terms and Conditions apply.
All copyright, trade marks and design rights (registered and unregistered), patents, trade secret, rights in get-up, goodwill, rights in computer software, database rights and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“Intellectual Property Rights”) with respect to MY ASICS and all related information, materials and other data (including applications) published or available on or though MY ASICS, the Websites or otherwise (“MY ASICS Content”) shall remain vested in ASICS or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any MY ASICS Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any MY ASICS Content except for your own personal, non-commercial use. Any other use of the MY ASICS Content requires the prior written permission of ASICS.
The names, images and logos identifying ASICS or third parties and their products and services are subject to copyright, design rights and trade marks of ASICS and/or third parties. Nothing contained in these terms shall be construed as transferring any ownership of Intellectual Property Rights in any ASICS or any other third party product(s) or service(s).
ASICS is under no obligation to keep and maintain any data entered or submitted by you to MY ASICS. ASICS is not obliged to make any back-up(s) of data submitted by you. ASICS will not keep your data for longer than is necessary.
You may only post information, materials or other data (“User Content”) on or through MY ASICS or the Websites (including but not limited to the forum) that you created or which you have been given permission to post by the owner. The User Content may not violate the Terms and Conditions, the rights of others, or applicable law. You are solely responsible for the User Content you upload or otherwise provide via MY ASICS or the Websites. You acknowledge and agree that the entire risk of posting User Content falls on you and that ASICS is not responsible for any content that you post. You further agree that ASICS may, without limitation and liability to you, use in any manner all comments, suggestions, complaints and other feedback you provide relating to MY ASICS or ASICS.
In addition, you understand and acknowledge that ASICS is not responsible for the accuracy, usefulness, reliability, quality, safety, or Intellectual Property Rights of or relating to any User Content or MY ASICS Content. ASICS reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or in part that ASICS determines does not comply with these Terms and Conditions, is illegal, or is otherwise objectionable, undesirable, inappropriate or inaccurate.
MY ASICS, the Websites and all MY ASICS Content are provided with all faults on an “as is” and “as available” basis. ASICS, its licensors, partners and other suppliers disclaim all warranties, whether express or implied, including the warranties that MY ASICS, the Websites and all MY ASICS Content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that MY ASICS, the Websites and all MY ASICS Content are merchantable, correct, of satisfactory quality, accurate, adequate, safe, useful, fit for a particular purpose or need, reliable, or non-infringing, unless such implied warranties are legally incapable of exclusion. No information given by ASICS, its licensors, respective partners, suppliers, employees or authorized agents shall create a warranty or expand the scope of any warranty that cannot be disclaimed under applicable law. Your use of MY ASICS, the Websites and all MY ASICS Content is solely at your own risk and ASICS is under no obligation to provide you with any support, advice, error corrections, updates, upgrades, bug fixes and/or enhancements of MY ASICS, the Websites and all MY ASICS Content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
Although ASICS will try to provide you with the best service, ASICS shall under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting from or in connection with MY ASICS, the Websites or the MY ASICS Content. The foregoing limitation of liability shall not apply in the event that the damage results from the gross negligence of wilful misconduct of ASICS’ executive management.
The products and services provided by ASICS or third parties are not meant to serve as a substitute for medical advice, diagnosis or treatment, or for the individualized advice or care of a healthcare provider.
We may need to amend these Terms and Conditions from time to time. For example, to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of MY ASICS, the Websites or the MY ASICS Content.
We may need to make more significant changes that may affect your use of MY ASICS, the Websites or the MY ASICS Content. If this is required, we will contact you to give you reasonable advance notice of the changes and let you know how to delete your MY ASICS account if you are not happy with these changes.
This agreement is effective upon your acceptance of these Terms and Conditions and shall continue unless terminated in accordance with these Terms and Conditions. This agreement will terminate immediately and without additional notice in the event that you breach, and/or fail to comply with, any term within these Terms and Conditions. ASICS reserves the right to – at its discretion – disable your use of or access, in whole or in part, to MY ASICS, including your account, for any reason and without any notice. If your licence terminates, you must discontinue your use and uninstall and destroy any and all material associated with MY ASICS and the Websites. If your account is terminated, your MY ASICS account and related data will be deleted and will no longer be accessible to you.
These Terms and Conditions will exclusively be governed by the laws of the state of California and the United States of America, without giving effect to any principles of conflicts of law.