Terms & Conditions
Updated: November 10, 2022
BY ACCESSING THIS WEBSITE (“SITE”), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS SITE.
This Site is made available by SharkNinja Operating LLC (“SharkNinja”), and all references herein to “we” or “us” refer to SharkNinja. All references herein to “you” or “user” refer to any user of this Site.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this web page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted 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 THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES.
YOU AGREE THAT DISPUTES BETWEEN YOU AND SHARKNINJA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION TEN BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION TEN BELOW.
- License grant; restrictions
SharkNinja provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any article or other content on this site. Without limiting the foregoing, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that SharkNinja transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
You may not:
Use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
Attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any SharkNinja server, by hacking, password “mining,” or any other illegitimate means;
Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SharkNinja’s systems or networks or any systems or networks connected to the Site;
Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site;
Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site;
Use the Site in a manner that could damage, disparage, or otherwise negatively impact SharkNinja or any contributor to or other user of the Site.
- User obligations
This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.
- Proprietary rights
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by SharkNinja and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, SharkNinja does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes SharkNinja enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2022 SharkNinja Operating LLC. All rights reserved. SharkNinja owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by SharkNinja, unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, “Trademarks”) display on this Site or on the content available through this Site are registered and unregistered Trademarks of SharkNinja or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of SharkNinja or the appropriate owner is strictly prohibited.
- User-submitted content, comments, feedback, etc.
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials disclosed, submitted or offered to SharkNinja on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Content”) shall be and remain the exclusive property of SharkNinja, including any future rights associated with the Content, even if these terms and conditions are later modified or terminated.. Such disclosure, submission or offer of any Content shall constitute an assignment to SharkNinja of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SharkNinja will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Content. SharkNinja will be entitled to use, reproduce, disclose, publish and distribute any Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. This means that you disclaim any proprietary rights in such submissions, and you acknowledge SharkNinja’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means SharkNinja has no obligation to keep your submissions confidential.
You agree that no Content submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
- Links to other sites
- Privacy of user information
The information on this site has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. The price of shares and the income derived from them can go down as well as up and investors may not get back the amount originally invested. Past performance is not necessarily a guide to future performance.
SharkNinja’s officers, employees or agents shall not be liable for any loss, damage or expense arising out of any access to or use of this site or any site linked to it including, without limitation, any loss of profit, indirect, incidental or consequential loss.
- Limitation on liability and disclaimer of warranties
BY USING THIS SITE, YOU AGREE THAT SHARKNINJA AND ITS OWNER(S), PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, AND EMPLOYEES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, CLAIMS, DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, RESULTING FROM ANY USE SITE, ANY FAILURE OR DELAY BY SHARKNINJA IN CONNECTION WITH SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE’S FEATURES, EVEN IF SHARKNINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR PERSONAL INFORMATION.
SHARKNINJA MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHARKNINJA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHARKNINJA IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE SITE, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless SharkNinja and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
- Dispute Resolution by Binding Arbitration
Agreement to Arbitrate
Right to Opt-out of Arbitration
Arbitration Rules and Procedure
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution by Arbitration” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) calendar days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If a party prevails in arbitration that party will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- Governing law
The laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in the County of Norfolk, Massachusetts, United States of America and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by SharkNinja from its offices in Needham, Massachusetts. SharkNinja makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.
- Entire agreement
These Terms make up the entire agreement between SharkNinja and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.