Terms of Use

These Terms of Use ("Terms") apply to the websites https://44pro.com/ and https://www.44proguards.com/ (“Sites”), operated by TTS Forty Four Sports, LLC dba 44 Professional Gloves ("44Pro," “Company,” "we," "us,” or “our”). By Sites, we mean the Internet domain addresses above and within which these Terms are posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with the Sites, and or post links these Terms. These Terms govern your use of the Sites, regardless of how you access or use the Sites.

Please read these Terms carefully before using the Sites as all users (“you,” “your,” “User,” or “Users”) of any portion of the Sites are bound by these Terms. By accessing the Sites, you agree to these Terms and other applicable law. Please do not use the Sites if you do not agree with these Terms. 44Pro expressly reserves the right to alter or modify these Terms at any time without notice. You agree to periodically review the Terms of these Sites. Your continued use of the Sites after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access, or continue to use or access, the Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms and to review such changes.

Right to Use the Services

44Pro gives you permission to use the Sites subject to your complete and ongoing compliance with these Terms. You have the right to access and use the Sites solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Sites as provided on the Sites.

Subject to your complete and ongoing compliance with these Terms, you also have the right to use the interactive customizers for your personal, non-commercial use, for the purpose of creating your unique, customized products, as designed specifically by you.

Privacy Policy

We care about the privacy of our Users. Click here to view our Privacy Policy.

Intellectual Property Rights

The Sites and the entire content, features, and functionality including but not limited to the information, software, interactive components, text, images, video, audio, and as well as the design, selection, and arrangement thereof, are owned by 44Pro, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. Any unauthorized use of any Content on the Sites is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and or regulations and statutes.

If you would like to request authorization to use the Content on the Sites, please contact us at support@44pro.com.

44Pro Copyrights

These Terms permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, duplicate, copy, publish, display, distribute, upload, transmit, share, modify, create derivative works of, download, store, or transmit any of the Content on our Sites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any Content from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of Content on the Sites other than the above, please send your detailed request to support@44pro.com.

No right, title, or interest in or to the Sites or any Content on the Sites are transferred to you, and all rights not expressly granted are reserved by 44Pro. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

44Pro Trademarks

44, 44 PRO, and all product names, service names, logos, designs, graphics, slogans, page headers, trade dress are trademarks of 44Pro. You must not use such trademarks without the prior written permission of 44Pro. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

The Company's trademarks may not be used, including as part of trademarks, company names, and/or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

User Conduct

You understand that the Sites are available for your personal, non-commercial use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company in writing. You agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Sites will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You agree not to harvest or collect email addresses or other contact information of Users from the Sites by electronic or other means for any purpose, including sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Sites or for any purpose. You further agree not to use the Sites in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Sites.

The following is a partial list of activity that is illegal or prohibited on the Sites. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including but not limited to, reporting you to law enforcement authorities.

Prohibited activity includes, but is not limited to:

• uploading, posting, transmitting, sharing, storing, or otherwise making available any Content that we consider harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• registering for an account on behalf of an individual other than yourself or registering for an account on behalf of any group or entity without their permission;
• impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age, or your affiliation with any person or entity;
• uploading, posting, transmitting, sharing, or otherwise making available any unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Sites any private information of any third party, including but not limited to, addresses, phone numbers, email addresses, Social Security numbers, and or credit card numbers;
• soliciting personal information from anyone under 18, or soliciting passwords or personally identifying information from anyone for commercial or unlawful purposes;
• uploading, posting, transmitting, sharing, or otherwise making available any Content that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidating, harassing, or advocating the intimidation or harassment of another person;
• uploading, posting, transmitting, sharing, or otherwise making available any Content that we deem contains excessive violence against any person, animal, or property, or promotes the use of excessive violence against any person, animal, or property;
• uploading, posting, transmitting, sharing, storing, or otherwise making available Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• using or attempting to use another User's account, service, or system without authorization from the Company, or creating a false identity on the Sites; and
• uploading, posting, transmitting, sharing, storing, or otherwise making available Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other User from using or enjoying the Sites, or which may expose the Company or its Users to any harm or liability of any type.

User Content

The Sites contains Content that 44Pro creates and may also include Content provided by third parties, including Users who register or provide comments, ratings, and reviews. You acknowledge and agree that 44Pro has the absolute right to monitor Content posted to the Sites in its sole discretion. You also agree that 44Pro does not have any obligation to review the communications, materials, information, opinions, and other Content posted and or submitted by Users.

You are solely responsible for any Content that you upload, publish, or display on or through the Sites, or transmit to or share with other Users, including such things as photos, profiles, messages, notes, text, information, music, video, and other content ("User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove without notice any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violates this Terms or might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. 44Pro reserves the right to alter, edit, refuse to post, or remove any such User Content, in whole or in part, with or without reason, and to disclose such User Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Content. You agree that you shall immediately notify the Company in writing of any objectionable Content appearing on the Sites. 44Pro will make good faith efforts to investigate allegations that any User Content violates these Terms but i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Content, whether or not subject to such allegations, and ii) will have no liability for editing, removing, or continuing to permit the display of any User Content. Any use of any Content on the Sites, including, without limitation, User Content will be at your own risk.

You acknowledge that User Content is not confidential. You affirm that you have all necessary rights, title, and interest in and to, or alternatively, hold and will continue to hold, the right to license, sell, distribute, convey, transfer, and sublicense all User Content that you supply to and through the Sites or its Users. You agree that you are the person or that you have obtained the proper consents from the persons or their guardians who appear or who the likeness of appears in the User Content. You are responsible for all licensing and other fees due for the use and distribution of your User Content. You agree that the User Content and the rights and licenses that you grant under these Terms i) do not and will not violate any applicable laws, statutes, ordinances, or regulations, ii) do not and will not violate any copyright, trademark, or other intellectual property right, including the right of publicity or privacy, of any person or entity, and iii) do not violate any other duty or obligation that you may have to any other person or entity. You understand that we may request documentation evidencing these rights, and you agree to promptly submit this documentation.

By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license, with the right to sublicense, use, copy, publicly perform, publicly display, reformat, translate, wholly or partially excerpt, and distribute such User Content for any purpose on or in connection with the Sites or its promotion, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. In no event will the Company be responsible for deleting any User Content or returning any User Content to you.

Copyright Violation Notice

Notification of Alleged Copyright Infringement

44Pro will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you feel Content of these Sites violates your rights in a way that constitutes copyright infringement, you may send a written document to support@44pro.com containing the following information (“Notice”):

1. A subject line of: “Copyright Infringement Notice.”
2. A description of your copyright that you claim has been infringed.
3. Identification of the URL or other specific location that contains the Content that you claim infringes your copyright. You must provide us with reasonably sufficient information to locate the allegedly infringing Content.
4. A statement by you that you have a good faith belief that the disputed Content is not authorized by the copyright owner, its agent, or applicable law.
5. A statement by you that the information contained in the Notice is accurate, and that you attest under the penalty of perjury that you are the copyright owner or authorized to act on the owner's behalf.
6. Your name, mailing address, telephone number, and email address.
7. An electronic or physical signature of the owner of the copyright or person authorized to act on behalf of the owner of the copyright.

Please note that you may be liable for damages, including court costs and attorney fees, if you misrepresent that Content uploaded by another User is infringing your copyright.

Upon receipt of the Notice, that satisfies these requirements or conforms with 17 U.S.C. § 512(c)(3)), 44Pro will remove or disable access to the allegedly infringing Content and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below, by which the alleged infringer may respond to your claim and request that we restore this Content.

Counter Notice Procedure

If you believe your own copyrighted material has been removed from the Sites in error, you may submit a written Counter Notice to our support@44pro.com that includes the following:

1. A subject line of: “Counter Notice.”
2. Identification of the Content that has been removed or disabled and the location at which the Content appeared before it was removed or disabled.
3. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the U. S. District Court for Delaware.
4. A statement that you will accept service of process from the party that filed the Notice or the party's agent.
5. Your name, address, and telephone number.
6. A statement under penalty of perjury that you have a good faith belief that the Content in question was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled.
7. Your physical or electronic signature.

If you send a valid, written Counter Notice as required, we will restore your removed or disabled Content within 10 to 14 business days from the date we receive your Counter Notice, unless we first receive notice from the party filing the original Notice informing us of a filed court action related to your infringing activity in Content.

Please note that if you misrepresent that the disabled or removed Content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Sites by Users who may infringe or repeatedly infringe the copyrights of others. This determination will be based on the number of infringement claims against the User. The Company will maintain a record of each time there is an adjudication by a court, arbitrator, or other tribunal of competent jurisdiction that a User has engaged in copyright infringement of any kind in relation to the Sites. If an adjudication pertains to multiple instances of copyright infringement, it can count against the User for each instance. 44Pro has adopted a policy where a User who has three adjudications is considered a repeat infringer and subject to account termination.

Other Intellectual Property Violations

If you own intellectual property other than copyright and believe that your intellectual property has been infringed by Content on the Site, you may send us a written notice to support@44pro.com that includes all of the following (“IP Notice”):

1. A subject line of: “Intellectual Property Infringement Notice.”
2. A description of the intellectual property that you claim has been infringed, including any trademark registration number or trademark under common law, or patent number.
3. Identification of the URL or other specific location that contains the Content that you claim infringes your intellectual property. You must provide us with reasonably sufficient information to locate the allegedly infringing Content.
4. Your full name, address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that use of the Content is not authorized by the owner of the intellectual property, its agent, or the law.
6. A statement by you, made under penalty of perjury, that all the information in your IP Notice is accurate, and that you are the owner of the intellectual property at issue or authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed.
7. Your physical or electronic signature.

We will act on such notices in our sole discretion. Any User of the Sites that fails to respond satisfactorily to 44Pro with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing Content.

Mobile Terms of Service

The 44 Pro mobile message service (the "Service") is operated by 44 Pro (“44 Pro”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to 44 Pro’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of 44 Pro through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 44 Pro. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 80538 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other 44 Pro mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 80538 or email support@44pro.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Disclaimers

THESE SITES ARE PROVIDED BY 44PRO "AS IS" AND "AS AVAILABLE" AND YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SITES OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIALS INCLUDED ON THE SITES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH THE SITES AND YOUR USE THEREOF.

THE COMPANY O MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES.

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITES AND THE CONTENTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or right of publicity; or (iv) any claim that your User Content caused damage to a third party. This indemnification obligation will survive these Terms of Use and your use of the Sites.

Contact

For questions or concerns regarding these Terms, please contact us via email at support@44pro.com or by telephone at (240) 763-3467