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modifications to the terms and product-specific terms
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as under armour grows and improves , we might have to make changes to these terms or include additional terms that are specific to certain products .
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-lrb- a -rrb- updates to these terms
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under armour reserves the right to modify these terms by -lrb- i -rrb- posting revised terms on and/or through the services , and/or -lrb- ii -rrb- providing advance notice to you of material changes to the terms , generally via email where practicable , and otherwise through the services -lrb- such as through a notification on the home page of the under armour websites or in our applications -rrb- .
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modifications will not apply retroactively unless required by law .
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we may sometimes ask you to review and to explicitly agree to or reject a revised version of the terms .
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in such cases , modifications will be effective at the time of your agreement to the modified version of the terms .
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if you do not agree at that time , you are not permitted to use the services .
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in cases where we do not ask for your explicit agreement to a modified version of the terms , the modified version of the terms will become effective as of the date specified in the terms .
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your use of the services following that date constitutes your acceptance of the terms and conditions of the terms as modified .
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if you do not agree to the modifications , you are not permitted to use , and should discontinue your use of , the services .
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we may also require you to agree to additional terms , rules , policies , guidelines , or other conditions -lrb- collectively , `` product-specific terms '' -rrb- that are specific to certain services -lrb- for example , the commercial tools -rrb- .
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in such cases , you may be required to expressly consent to product-specific terms .
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for instance , you might need to check a box or click on a button marked `` i agree . ''
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if any of the product-specific terms are different than the terms , the product-specific terms will supplement , amend , or supersede the terms , but only with respect to the subject matter of the product-specific terms .
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except where prohibited by law , under armour expressly disclaims all warranties , representations and guarantees of any kind , whether oral or written , express , implied , statutory or otherwise , including , but not limited to the implied warranties of merchantability , fitness for a particular purpose and non-infringement to the fullest extent permissible under the law .
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the services and all content are provided on an `` as is '' and `` as available '' with all faults basis .
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without limiting the foregoing , you understand that , to the maximum extent permitted by applicable law , we make no warranty regarding the quality , accuracy , timeliness , truthfulness , completeness or reliability of any of the services or any content .
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to the maximum extent permitted by applicable law , we do not warrant that -lrb- i -rrb- the services will meet your requirements , -lrb- ii -rrb- the operation of the services will be uninterrupted , virus - or error-free or free from other harmful elements or -lrb- iii -rrb- errors will be corrected .
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any oral or written advice provided by our agents or us does not and will not create any warranty .
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to the maximum extent permitted by applicable law , we also make no representations or warranties of any kind with respect to content ; user-generated content , in particular , is provided by and is solely the responsibility of the athletes providing that content .
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no advice or information , whether oral or written , obtained from other athletes or through the services , will create any warranty not expressly made herein .
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you therefore expressly acknowledge and agree that use of the services is at your sole risk and that the entire risk as to satisfactory quality , performance , accuracy and effort is with you .
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we are building the best services we can for you but we ca n't promise they will be perfect .
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we 're not liable for various things that could go wrong as a result of your use of the services .
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to the maximum extent permitted by applicable law , under no circumstances -lrb- including , without limitation , negligence -rrb- shall under armour , its subsidiaries , partners or any wireless carriers be liable to you or any third party for -lrb- a -rrb- any indirect , incidental , special , reliance , exemplary , punitive , or consequential damages of any kind whatsoever ; -lrb- b -rrb- loss of profits , revenue , data , use , goodwill , or other intangible losses ; -lrb- c -rrb- damages relating to your access to , use of , or inability to access or use the services ; -lrb- d -rrb- damages relating to any conduct or content of any third party or athlete using the services , including without limitation , defamatory , offensive or illegal conduct or content ; and/or -lrb- e -rrb- damages in any manner relating to any third-party content , third-party products or third-party activities accessed via the services .
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to the maximum extent permitted by applicable law , this limitation applies to all claims , whether based on warranty , contract , tort , or any other legal theory , whether or not under armour has been informed of the possibility of such damage , and further where a remedy set forth herein is found to have failed its essential purpose .
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to the maximum extent permitted by applicable law , the total liability of under armour , for any claim under these terms , including for any implied warranties , is limited to the greater of one thousand dollars -lrb- us $ 1,000.00 -rrb- or the amount you paid us to use the applicable service -lrb- s -rrb- in the past twelve months .
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in particular , to the extent permitted by applicable law , we are not liable for any claims arising out of -lrb- a -rrb- your use of the services -lrb- including but not limited to your participation in any activities promoted by or accessed via the services -rrb- , -lrb- b -rrb- the use , disclosure , display , or maintenance of an athlete 's personal data and/or location data , -lrb- c -rrb- any other interactions with us or any other athletes using the services , even if we have been advised of the possibility of such damages , or -lrb- d -rrb- other content , information , services or goods received through or advertised on the services or received through any links provided with the services .
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to the extent permitted by applicable law , you acknowledge and agree that we offer the services and set the services ' prices in reliance upon the warranty disclaimers , releases , and limitations of liability set forth in the terms .
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to the extent permitted by applicable law , you also acknowledge and agree that these warranty disclaimers , releases , and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers , releases , and limitations of liability form an essential basis of the bargain between you and us .
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we would not be able to provide the services to you on an economically reasonable basis without these warranty disclaimers , releases , and limitations of liability .
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if you are a resident of california : you waive your rights with respect to california civil code section 1542 , which says `` a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release , which , if known by him must have materially affected his settlement with the debtor . ''
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if we are sued because of your access or use of the services , you have to pay our costs .
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if you are a resident of the united states or any country other than france or germany : to the maximum extent permitted by applicable law , you agree to indemnify and hold under armour , its subsidiaries , suppliers and other partners harmless from any claim or demand , including reasonable accounting and attorneys ' fees , made by any third party due to or arising out of -lrb- a -rrb- the user-generated content you access or share through the services ; -lrb- b -rrb- your use of the services , -lrb- c -rrb- your athletic activities in connection with the services -lrb- including , but not limited to , athletic activities in connection with any contests , races , group activities , third-party activities or other events that we may sponsor , organize , participate in , or where the services are employed -rrb- , -lrb- d -rrb- your connection to the services , -lrb- e -rrb- your violation of these terms , -lrb- f -rrb- your use or misuse of any athlete 's personal data and location data , -lrb- g -rrb- any violation of the rights of any other person or entity by you , or -lrb- h -rrb- your employment of the services to meet another athlete in person or to locate and attend any offline place or event .
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we reserve the right , at your expense , to assume the exclusive defense and control of any matter for which you are required to indemnify us under the terms , and you agree to cooperate with our defense of these claims .
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if you are a resident of france or germany : notwithstanding the previous paragraph , you agree to indemnify and hold under armour , its subsidiaries , suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior , including reasonable accounting and attorneys ' fees , made by any third party due to or arising out of -lrb- a -rrb- the user-generated content you access through the services ; -lrb- b -rrb- your violation of these terms , -lrb- c -rrb- your use or misuse of any athlete 's personal data and location data , -lrb- d -rrb- any violation of the rights of any other person or entity by you , or -lrb- e -rrb- your employment of the services to meet another athlete in person or to locate and attend any offline place or event .
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we reserve the right , at your expense , to assume the exclusive defense and control of any matter for which you are required to indemnify us under the terms , and you agree to cooperate with our defense of these claims .
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if you are a resident of the united states or any non-european union country : these terms shall be governed by and construed in accordance with the laws of the state of maryland and controlling u.s. federal law as applicable , without regard to its conflict of law principles .
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if you are a resident of the european union : these terms shall be governed by and construed in accordance with dutch law , without regard to its conflict of law principles .
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if you are a resident of canada : notwithstanding anything to the contrary herein , with respect to any purchase using a visa credit card at under armour 's canada website , these terms shall be governed by and construed in accordance with canadian law , without regard to its conflict of law principles .
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disputes and arbitration , jurisdiction and venue
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if we have a problem , let 's practice good sportsmanship and resolve the dispute through arbitration .
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to the maximum extent permitted by applicable law , you and under armour agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class , consolidated or representative action .
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except where prohibited , you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the services under the rules of the american arbitration association .
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arbitration is more informal than a lawsuit in court .
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arbitration uses a neutral arbitrator instead of a judge or jury , allows for more limited discovery than in court , and is subject to very limited review by courts .
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arbitrators can award the same damages and relief that a court can award .
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please visit www.adr.org for more information about arbitration .
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any arbitration between you and us , to the extent necessary , will be conducted in baltimore , maryland , and you waive any right to claim that such location is an inconvenient forum .
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you agree not to sue us or bring arbitration in any other forum .
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the arbitration will be conducted in english .
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a single independent and impartial arbitrator will be appointed pursuant to the rules of the american arbitration association .
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both you and we agree to comply with the following rules , which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved :
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the arbitration will be conducted by telephone , online and/or be solely based on written submissions , the specific manner to be chosen by the party initiating the arbitration ;
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the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties ; and
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any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .
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barring extraordinary circumstances , the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed .
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the arbitrator may extend this time limit for an additional 30 days in the interests of justice .
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all arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed , except as necessary to obtain court confirmation of the arbitration award .
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the award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim .
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you also acknowledge and understand that , with respect to any dispute with us arising out of or relating to your use of the services :
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you are giving up your right to have a trial by jury ;
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you are giving up your right to serve as a representative , as a private attorney general , or in any other representative capacity , or to participate as a member of a class of claimants , in any lawsuit involving any such dispute ; and
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you must file any claim within one -lrb- 1 -rrb- year after such claim arose or it is forever barred .
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if this arbitration provision is found to be null and void , then all disputes arising under the terms between us will be subject to the jurisdiction of the state and federal courts located in baltimore , maryland , and you and we hereby submit to the personal jurisdiction and venue of these courts .
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this agreement to arbitrate will not preclude you or under armour from seeking provisional remedies in aid of arbitration , including without limitation orders to stay a court action , compel arbitration or confirm an arbitral award , from a court of competent jurisdiction .
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furthermore , this agreement to arbitrate will not preclude you or under armour from -lrb- i -rrb- applying to the appropriate court of competent jurisdiction for a temporary restraining order , preliminary injunction , or other interim or conservatory relief , as necessary , or -lrb- ii -rrb- seeking relief in any state or federal court for disputes related to a violation or possible violation of under armour 's intellectual property rights .
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in the event of any litigation or arbitration arising from or related to these terms , or the services provided , the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time , court costs , attorneys ' fees , and all other related expenses incurred in such litigation or arbitration .
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if you are a resident of the european union : notwithstanding anything in these terms to the contrary , if there is a dispute that you and under armour can not resolve , you have the right to submit a complaint through http://ec.europa.eu/consumers/odr .
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other than as set out in these terms , we do not participate in any adr scheme .
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in addition , nothing in these terms limits your rights to bring an action against under armour in the local courts of your place of domicile .
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all disputes arising under the terms between you and under armour will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile , or the courts located in the netherlands , and you and we hereby submit to the personal jurisdiction and venue of these courts .
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if you are a resident of finland : notwithstanding anything in these terms to the contrary , if there is a dispute that you and under armour can not resolve , you have the right to submit a complaint to the local consumer disputes board -lrb- www.kuluttajariita.fi -rrb- or other corresponding body .
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if you are a resident of denmark : notwithstanding anything in these terms to the contrary , if there is a dispute that you and under armour can not resolve , you have the right to submit a complaint to the danish competition and consumer authority -lrb- konkurrence - og forbrugerstyrelsen , center for klageløsning , carl jacobsens vej 35 , 2500 valby , mail : [email protected] -rrb- .
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if you are a resident of south korea : notwithstanding anything in these terms to the contrary , nothing in these terms limits your rights to bring an action against under armour in the local courts of your place of domicile .
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if you are not a united states resident and you are accessing our services from outside the united states , you agree to transfer certain information outside your home country to us , and that you will follow all the laws that apply to you .
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we provide our services for a global community of athletes .
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our servers and operations are , however , located primarily in the united states , and our policies and procedures are based primarily on united states law .
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because of this , the following provisions apply specifically to athletes located outside of the united states : -lrb- i -rrb- you consent to the transfer , storage , and processing of your information , including but not limited to user-generated content and any personal data , to and in the united states and/or other countries ; -lrb- ii -rrb- if you are using the services from a country embargoed by the united states , or are on the united states treasury department 's list of `` specially designated nationals , '' you are not authorized to access or make use of the services ; and -lrb- iii -rrb- you agree to comply with all local laws , rules , and regulations including , without limitation , all laws , rules , and regulations in effect in the country in which you reside and the country from which you access the services .
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the services are 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 that would subject under armour or its affiliates to any registration requirement within such jurisdiction or country .
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if you are a resident of the european union , hong kong , russia , new zealand or south korea : notwithstanding anything in these terms to the contrary , please note that certain jurisdictions may not allow the waiver or limitation of certain warranties , liabilities or damages under mandatory law , so some of the exclusions and limitations in these terms may not apply to you .
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nothing in these terms limits or excludes our responsibility for -lrb- 1 -rrb- fraudulent representations made by us , -lrb- 2 -rrb- death or personal injury caused by our negligence or willful misconduct , or -lrb- 3 -rrb- non-execution of any material contractual obligation .
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if you are a resident of new zealand : notwithstanding anything in these terms to the contrary , nothing in these terms limits or excludes our liability or your rights if you are a consumer for the purposes of the consumer guarantees act 1993 , or the fair trading act 1986 .
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if you are a resident of germany , france , austria or finland : notwithstanding anything in these terms to the contrary , the qualifier `` to the maximum extent permitted by law '' and other qualifiers of similar effect shall be deemed to be deleted from the terms everywhere it appears and shall have no force and effect .
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if you are a resident of south korea : the under armour contracting party for under armour shopping is under amour korea , ltd. .
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you must be at least 14 to use under armour shopping .
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if you are between the ages of 14 and 18 , you or your legal representative may cancel the applicable sales contract created pursuant to under amour shopping if your legal representative has not consented to such sales contract .
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further , notwithstanding anything in these terms to the contrary , any modification to these terms will be announced on the website prior to the effective date thereof ; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement , it is deemed that you have consented to such modification or change .
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if you are a resident of turkey : certain of the e-commerce terms and conditions set forth in appendix a : ua shopping do not pertain to turkish residents who purchase products from our turkish distributor fdoğuş perakende -lrb- doğuş perakende satış giyim ve aksesuar tic .
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for turkish users shopping on http://www.underarmour.com.tr , only those terms and conditions agreed to by such users that are valid under turkish law will apply .
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in the case of a conflict or inconsistency between the terms and conditions of appendix a : ua shopping and the terms and conditions of the transaction guide , the distance agreement , or the pre-information form , the terms and conditions of the transaction guide , the distance agreement , or the pre-information form -lrb- as the case may be -rrb- will supersede and prevail over the conflicting or inconsistent terms and conditions in appendix a : ua shopping .
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we will send you an order acknowledgment that details the products that you have ordered after you have completed your purchase .
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you may maintain a different billing address on file for the credit card issuing bank than the billing address you enter when you place an order on on http://www.underarmour.com.tr .
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if we can not ship a product to your location , we will inform you by email that shipment to your location is not possible .
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per the distance agreement , the delivery of your products will be made within thirty -lrb- 30 -rrb- days .
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per the transaction guide , distance agreement and pre-information form , you have fourteen -lrb- 14 -rrb- days to cancel a distance agreement and avoid any penalty .
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we will not change the change the goods advertised or offered for sale , the prices or specifications of any such goods and any promotional offers in connection with any already completed purchases and/or in process transactions on http://www.underarmour.com.tr .
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even if you stop using the services , certain terms listed here will still apply .
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if our relationship or these terms terminate , it will not limit any of our other rights or remedies , and any provision of these terms that must survive in order to give proper effect to the intent and purpose of these terms will survive termination , including without limitation sections 3 -lrb- ownership and use of content -rrb- , section 10 -lrb- physical activities -rrb- , 12 -lrb- no warranties -rrb- , 13 -lrb- limitations of liability -rrb- and 14 -lrb- indemnification -rrb- .
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