PLEASE READ THESE “TERMS & CONDITIONS” CAREFULLY BEFORE YOU USE THIS PLATFORM.
 
By using this website, mobile app or any other TESTA INTERNATINAL product or service (collectively the "Platform") on any computer, mobile device or any other device that can connect to TESTA INTERNATIONAL website (collectively, "Device"), you signify that you have read, understand and agree to these Terms of Use and any other applicable law, whether or not you are a registered member of TESTA INTERNATIONAL. TESTA INTERNATIONAL may change these Terms of Use at any time without any notice, effective upon its posting to this Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.
 
PHYSICAL ACTIVITY
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Testa International is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.
 
INTELLECTUAL PROPERTY
All intellectual property on this Platform (except for User Generated Content) is owned by Testa Internatioal which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Testa International name and the design) are owned, registered and/or licensed by Testa Internatinal. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content.
 
PLATFORM USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Testa Internatinal products. You agree that you wouldn’t change or delete any ownership notices from materials downloaded or printed from this Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Testa’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
 
ORDERS
All orders placed through the Platform are subject to Testa’s acceptance and for reasons Testa Internatinal may refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Testa Internatinal would be responsible to issue you a refund.
 
 
USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Testa Internatinal.
 
POSTING RULES FOR USER GENERATED CONTENT
BE RESPONSIBLE
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose Testa Internatinal or its users to any harm or liability of any type.
 
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about Testa Internatinal products, or anything else off topic.
 
BE COURTEOUS
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Testa’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
 
BE PRIVATE
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
 
BE PERSONAL
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
 
BE YOURSELF
Do not impersonate any person or entity, including without limitation athletes or Testa employees. Do not misrepresent yourself, your age or your affiliation with any person or entity.
 
BE ORIGINAL
You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Testa the entire license rights granted in these Terms of Use.
 
BE LEGAL
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
 
LINKS
The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Testa International does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Testa is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Testa International, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.
 
PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.
 
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. Testa is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Testa is under no obligation to become involved with any user dispute, but may do so at its own discretion.
 
WARRANTY DISCLAIMER
Testa International is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Testa disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Testa cannot guarantee and does not promise any specific results from use of the Platform. Testa does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Testa does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Testa reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
 
LIMITATION OF LIABILITY
TESTA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A TESTA EVENT OR ANY USER GENERATED CONTENT, EVEN IF TESTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST TESTA FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF TESTA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, TESTA'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
MISCELLANEOUS
You agree that this Platform shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over Testa in jurisdictions other than Oregon. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Testa shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to Oregon Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Testa products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of Testa products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from Testa. You agree that any notice, agreement, disclosure or other communication that Testa sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Testa's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Testa may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
 
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.