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Trademarks and markings of Elevation Training Mask are the rightful owners of TrainingMask.llc and may not be used without prior WRITTEN consent of TrainingMask.llc
All trademarks, service marks and trade names of TrainingMask used on any medium are trademarks of TrainingMask. Distributor is strictly prohibited from using these marks without prior written permission of TrainingMask. The use of any mark bearing a reasonably close resemblance either in appearance, sound, or stylization to TrainingMask trademarks and service marks, will be considered as infringement, and TrainingMask will pursue all legal remedies to the fullest extent of the law just as if an exact replica of TrainingMask trademarks and service marks had been used in unauthorized fashion. TrainingMask is also registered and protected internationally pursuant to the Madrid Treaty of the World Intellectual Property Association
The TrainingMask mark is TrainingMask’s master brand mark that represents the visual foundation of the TrainingMask identity. As such, it should always be considered TrainingMask’s most important and valuable asset. To protect TrainingMask’s trademark rights to its use it must always appear as shown in figure [1.].
For print ready art, Distributor agrees to obtain such via TrainingMask and to never redraw or replicate the element of the brand mark or other graphic element as part of its presentation in or on any application. The TrainingMask brand mark is protected under global trademark registration. Third parties and companies that are not part of TrainingMask may only use the TrainingMask brand mark after receiving expresses written permission from TrainingMask.
TrainingMask trademarks, trade or company names and logos (collectively, the “Marks”) are and shall remain TrainingMask property. Subject to restrictions, TrainingMask grants Distributor a limited, revocable, non-exclusive, non-assignable, non-transferable, royalty-free licensed to use the Marks, solely for the purpose of promoting the Products in accordance with the terms of the Agreement. TrainingMask may revoke the Distributor’s license at any time. All uses of the Marks shall ensure solely to the benefit of TrainingMask.
INTELLECTUAL PROPERTY RIGHTS
Customer shall be solely responsible for ensuring the customer does not infringe the Intellectual Property rights of TrainingMask or the rights of third-party owners of the intellectual property on TrainingMask Websites, which includes but is not limited to the TrainingMask and product websites, including but not limited to text, graphics, code, keywords and metatags, which is subject to U.S. Copyright Law and is the property of TrainingMask with all rights reserved.
Limitation of Damages. The liability, if any, of Seller and its agents, servants, representatives, and employees with regard to the assets and/or this agreement for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, whether arising in negligence or other tort, contract, or otherwise, will not exceed in the aggregate the agreed-on price for the assets. In no event will Seller or its agents, servants, representatives, or employees be liable for indirect, special, or consequential damages.
Mutual Indemnification. Each of the parties will indemnify and hold each other harmless against all losses, damages, costs, and expenses, including reasonable attorney fees, resulting from any breach of any warranty, representation, or covenant in this agreement.
Indemnification and Right of Offset. Seller agrees to indemnify Purchaser and hold Purchaser harmless from and against all actions, suits, damages, judgments, costs, charges, expenses, attorney fees, and consequence of any liabilities, of any nature, from events arising before the closing, which are asserted against or affect the assets purchased under this agreement because of Seller’s actions or failure to act. Further, Purchaser will have the right to offset against any payments owing to Seller any such costs, expenses, liabilities, or other charges, and the exercise of such rights will not be considered a default in the payment of any amount owed.
• any and all losses or damages resulting from any misrepresentation or breach of any representation, agreement, or covenant by Seller made or in this agreement or in any document executed and/or delivered to Purchaser under or in connection with this agreement or the transaction contemplated in it; and
• any and all actions, suits, proceedings, claims, demands, judgments, costs, and expenses incident to the foregoing.
Purchaser must give written notice to Seller of any claim for indemnification, setting forth the nature of the claim and the amount of loss, damage, or expense that Purchaser claims to have sustained. If Seller does not request arbitration, Purchaser will have the right to set off any claim made pursuant to this section against any indebtedness that Purchaser owes to Seller. Any setoff will occur only after written notice has been given and Seller is given 30 days from the written notice to either cure the default or request arbitration. If Seller requests arbitration of any claim or controversy arising out of this section, it must be settled in accordance with the then-current rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction of the matter. The losing party in any arbitration will pay all arbitration costs associated with it.
Coupon codes, Discounts or any other direct offer may not apply to trainingmask.com or the offering of discounted items such as coupon code + free shipping. Training Mask reserves the right to change the offerings at any given time. Dual/Double or bundling coupons will not apply as a combined discount, we will offer the best discount avaliable however bundling is not allowed and we do not honor (conjunctive couponing).with it.
EBAY/AMAZON - REMOVALS AND UNAUTHORIZED SELLING
TRAININGMASK.INC, located in Cadillac Michigan, is a leading sports and fitness company using air resistance technology since 2010, TrainingMask has used its TRAININGMASK/ TRAINING MASK trademarks in connection with a broad range of athletic face masks, facial air resistance, apparel, and fitness equipment. TrainingMask is a member of the eBay VeRO Plus Program and is the owner of 100's of trademarks and multiple patents worldwide. We started enforcing our trademarks and patents on eBay because we received complaints from eBay users who purchased non-TrainingMask athletic resistance breathing devices, apparel and equipment under the mistaken impression they were authentic TrainingMask products.
As an eBay VeRO Plus Program member, TrainingMask.Inc reviews items for sale on eBay daily. TrainingMask sells to authorized dealers only and does not sell seconds or goods deemed as "used or un new", damaged goods or "variants". We take great pride in the quality and workmanship of the products we produce and the warranties provided with those products. Authorized retailers of TrainingMask products can be verified by visiting http://real.trainingmask.com
TrainingMask will use eBay's VeRO program to report the listing(s) of any auctions it considers infringes its rights in any territory in which product is offered for sale or delivery. TrainingMask cannot assist in the reinstatement of any auctions or eBay accounts which have been terminated by eBay following a legitimate request by TrainingMask in any territory.
TRAININGMASK.INC works to ensure that all unauthorized uses of its intellectual property are removed from eBay. When an auction listing that improperly uses TRAININGMASK.INC trademarks and/or patents comes to its attention, TRAININGMASK.INC reviews the matter and takes appropriate action. However, because of the high volume of merchandise for sale on eBay, it is difficult to identify and remove every unauthorized item. The fact that others are selling products that infringe TRAININGMASK.INC's intellectual property rights does not give you the right to do so. Similarly, the fact that a product is being sold on eBay is in no way a guarantee that it is a genuine, authorized TRAININGMASK product.
It is legal to re-sell a genuine TrainingMask product that you purchased, in its original, unaltered form in the territory in which you bought it and you may use TrainingMask trademarks to describe such items. However, you should be aware that selling outside the territory in which you bought the item can be risky as certain countries and territories have laws prohibiting unapproved parallel trading. For example, items offered for sale to European countries which have not first been put on the market by TrainingMask within the European Economic Area ("EEA") by TrainingMask may infringe TRAININGMASK's rights. Please refer to TrainingMask.co.uk page for further information.
Further, you cannot use copyrighted photographs of any TRAININGMASK products to promote the sale of the item and you cannot produce an unauthorized copy of the genuine product and offer it for sale nor customize a TRAININGMASK product that modifies any of its trademarks (such as the verbiage + mountain design/ TrainingMask+Mountain design).
As a seller, you have a responsibility to ensure that your actions do not violate the intellectual property rights of another. Ignorance that it is a violation of any country's trademark, patent or copyright laws is no excuse. We do not and will not provide you with proof of our intellectual property rights, you must obtain documents or information on your own.
NOTE: If your e-mail requests information that is already contained in this About Me page, you will not receive a response. If you have other questions, please send to: firstname.lastname@example.org and provide us with the eBay item number, which appears in the message sent to you from eBay.
TRAININGMASK's contact information is as follows: TRAININGMASK.INC, Attn: Legal Department, 1140 PLETT RD CADILLAC MI 49601 - 1.231.468.3144
We welcome information on the sale of counterfeit TrainingMask merchandise and keep the identity of our informants strictly confidential. You may file a fraud claim on http://real.trainingmask.com as well.
More information pertaining to counterfeits can be obtained at the link below. http://www.trainingmask.com/trainingmask-counterfeits/
For information on authentic TrainingMask products, please visit www.TrainingMask.com