Terms of Use

Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. The terms “Underdog.nyc”, “us”, “we” or “our” refer to Navallo, LLC, a New York limited liability company. The following terms and conditions (the “Terms” or the “Agreement”) form a binding agreement between you and us.

Acceptance of Terms

By accessing, using or obtaining any content, data, materials, information, products or services through the www.underdog.nyc website (the “Website”), you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these terms, then you may not use the Website. We recommend you print out a copy of these terms and conditions for your future reference.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age necessary to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Website.

License to Use Website

Unless otherwise stated, Underdog.nyc owns the intellectual property rights in the Website and material on the Website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this Website (including republication on another Website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;

Acceptable Use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Underdog.nyc’s express written consent.

You must not use this Website to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without Underdog.nyc’s express written consent.

Restricted Access

Access to certain areas of this Website is restricted.  Underdog.nyc reserves the right to restrict access to [other] areas of this Website, or indeed this entire Website, at its own discretion.

If Underdog.nyc provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

Underdog.nyc may disable your user ID and password in sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to Underdog.nyc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Underdog.nyc the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Underdog.nyc or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Underdog.nyc reserves the right to edit or remove any material submitted to this Website, or stored on servers, or hosted or published upon this Website.

Notwithstanding rights under these terms and conditions in relation to user content, Underdog.nyc does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. Underdog.nyc makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Underdog.nyc does not warrant that:

  • this Website will be constantly available, or available at all; or
  • the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitation of Liability

Underdog.nyc (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website, your downloading of any Website Content or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of the Website or the Website Content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the above limitations may not apply to you to the extent excluded by your state.

THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS-IS”. UNDERDOG.NYC WILL ASSUME NO LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE RELATED DIRECTLY OR INDIRECTLY TO THE INFORMATION ON THIS WEBSITE. NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE. UNDERDOG.NYC WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING FROM THIS WEBSITE, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Underdog.nyc, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:

  • Any content you submit, post, transmit, or make available through the Website or its services;
  • Your use or misuse of the Website;
  • Your breach or alleged breach of these Terms; or your violation of any rights (including intellectual property rights) of a third party.

Copyright Protection

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by United States and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by United States and international copyright laws.

For notices of claims of copyright infringement, please contact our designated copyright agent at the following email address: copyright@underdog.nyc

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. We reserve all rights that are not explicitly granted to you in this Agreement.

Last updated: April 19, 2017