STEVEN GERRARD testimonial
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
The Steven Gerrard Foundation, and its affiliates (herein referred to as "The Steven Gerrard Foundation", "The Steven Gerrard Foundation", "we," "us" or "our") provides and makes available this website.
1. PRODUCT PURCHASE
From time to time, The Steven Gerrard Foundation may offer products for sale as part of the Service. The Steven Gerrard Foundation reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. The Steven Gerrard Foundation does not warrant that such descriptions, specifications, and prices of such products are accurate, complete, or current at all times. All products are sold subject to availability and such products may not be available for delivery. Products ordered using the Service will only be delivered to addresses in England, Ireland, Northern Ireland, Scotland, Wales, offshore Channel isles, Spain, Portugal, Germany, Denmark, Norway, Finland, Sweden, Italy, and France. The Steven Gerrard Foundation cannot ship to BFPOs (UK Military addresses).
All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. Following your confirmation and placing of the order we send out an acknowledgement email detailing the order and the final price you will pay for the products including tax and shipping costs. Please note that this email is not an order confirmation or order acceptance of your order by The Steven Gerrard Foundation and we reserve the right to reject such order or limit the quantity of products under such order. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Risk of loss and damage of goods passes to you on the date when the products are delivered by us.
We take payment from you at the time we receive your order. We will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases to prevent fraud. By accepting these terms and conditions you consent to such checks being made. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and issue a full refund of any payment we have taken for the products.
We aim to ensure that the prices on our website are accurate, but errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or of cancelling the order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. We make every effort to deliver goods within the estimated timescales, but we bear no liability for any delay or failure to deliver the products within estimated timescales.
2. TRADEMARKS AND COPYRIGHTS
The Steven Gerrard Foundation, The Steven Gerrard Foundation logo, The gerrardtestimonial.com, The Steven Gerrard Foundation.com trademarks and logos are registered and unregistered trademarks and service marks of The Steven Gerrard Foundation (the "The Steven Gerrard Foundation Trademarks"), and the trade dress of The Steven Gerrard Foundation's products is owned by The Steven Gerrard Foundation. All other trademarks on the Service are the property of the respective trademark owners (the "Third-Party Trademarks", and collectively with the The Steven Gerrard Foundation Trademarks, the "Trademarks"). Unauthorized use of these trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of The Steven Gerrard Foundation specific for each such use. The Trademarks may not be used to disparage The Steven Gerrard Foundation or the applicable third party, The Steven Gerrard Foundation's or third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without The Steven Gerrard Foundation's prior written consent. All goodwill generated from the use of any The Steven Gerrard Foundation Trademark shall inure to The Steven Gerrard Foundation's website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by The Steven Gerrard Foundation. All rights reserved.
The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on our Service: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.
3. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of The Steven Gerrard Foundation or its licensors and are protected by United Kingdom and international copyright laws. The compilation of all content and material on the Service is the exclusive property of The Steven Gerrard Foundation and protected by U.S. and international copyright and intellectual property laws. Notwithstanding the foregoing, The Steven Gerrard Foundation is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by The Steven Gerrard Foundation may not be copied, except by a User solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Steven Gerrard Foundation. Modification or use of the content or material for any other purpose would violate The Steven Gerrard Foundation's and/or its licensors' intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by The Steven Gerrard Foundation and/or its licensors. The Steven Gerrard Foundation does not transfer title to the Software to you. To the extent prohibited by law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United Kingdom export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United Kingdom export laws. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or The Steven Gerrard Foundation products, including without limitation patents, issued or pending, or database rights are the sole property of The Steven Gerrard Foundation and/or its licensors.
4. MEMBER ACCOUNT
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify The Steven Gerrard Foundation of any unauthorized use of your username and password by sending an email to: firstname.lastname@example.org
The Steven Gerrard Foundation may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) The Steven Gerrard Foundation shall have no liability to you or any third party in such case. The Steven Gerrard Foundation shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service does not violate any applicable law or regulation.
You are solely responsible for your interactions with other Members. The Steven Gerrard Foundation reserves the right, but has no obligation, to monitor disputes between you and other Members.
5. POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of The Steven Gerrard Foundation to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. The Steven Gerrard Foundation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Designs and Patents Act 1988 and other applicable intellectual property laws with respect to any alleged or actual infringement.
All notices as to matters of copyright infringement should be sent to our designated agent at the following address: email@example.com
Notices as to matters of copyright infringement should contain the following information:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit The Steven Gerrard Foundation to locate the material.
• The address, telephone number or email address of the complaining party.
• 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.
• A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Steven Gerrard Foundation reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom The Steven Gerrard Foundation believes is violating any such rights of others.
6. SUBMISSIONS AND COMMUNICATIONS
You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials ("Content") that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming", (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without The Steven Gerrard Foundation's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that The Steven Gerrard Foundation endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service's server, or (xvii) include a photograph of another person that you have posted without that person's consent.
You acknowledge that you are responsible for whatever Content you submit, and you, not The Steven Gerrard Foundation, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
The Steven Gerrard Foundation shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, The Steven Gerrard Foundation shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
The Service may link to other websites which are not maintained by The Steven Gerrard Foundation and which are owned and operated by third parties. You acknowledge that The Steven Gerrard Foundation is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by The Steven Gerrard Foundation and/or the Service. Viewing of any website linked to the Service is at your own risk.
You may not link to any of the websites in the Service other than www.newbalance.co.uk from another site without The Steven Gerrard Foundation’s written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without The Steven Gerrard Foundation’s written consent.
You hereby agree to indemnify, defend and hold harmless The Steven Gerrard Foundation and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the "Indemnitees") from and against any and all liability, damages and costs (including, without limitation, attorneys' fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. The Steven Gerrard Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Steven Gerrard Foundation. You shall cooperate as fully as reasonably required in the defense of any claim.
THE STEVEN GERRARD FOUNDATION, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "STEVEN GERRARD FOUNDATION PARTIES") DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE STEVEN GERRARD FOUNDATION PARTIES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE STEVEN GERRARD FOUNDATION PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STEVEN GERRARD FOUNDATION PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY
THE FOUNDATION PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE STEVEN GERRARD FOUNDATION PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
THE STEVEN GERRARD FOUNDATION PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. THE STEVEN GERRARD FOUNDATION PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY THE STEVEN GERRARD FOUNDATION PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE STEVEN GERRARD FOUNDATION PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE STEVEN GERRARD FOUNDATION PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITE.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The Steven Gerrard Foundation may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. The Steven Gerrard Foundation may prevent your access to the Service or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever.
Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 4 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 5 (SUBMISSIONS AND COMMUNICATIONS), 6 (LINKS), 7 (INDEMNIFICATION), 8 (DISCLAIMER), 9 (LIMITATION OF LIABILITY), 11 (TERMINATION) and 13 (MISCELLANEOUS) shall survive the termination of this Agreement.
13. COMPLIANCE WITH APPLICABLE LAWS
This Service is based in Boston, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. To the maximum extent permitted by applicable law, access to the Service or the Content from outside the United Kingdom is at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.
The United Kingdom controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
14. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. THE STEVEN GERRARD FOUNDATION IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
15. NO RESALE
You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by The Steven Gerrard Foundation in writing.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts and the United Nations Convention on Contracts for the International sale of Goods is hereby excluded. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.