TERMS AND CONDITIONS OF USE OF SITE AND MERCHANDISE PURCHASED
By using this site or purchasing and using the merchandise sold on this site, you acknowledge, consent and agree to the following terms and conditions (DO NOT USE THIS SITE OR PURCHASE ANY MERCHANDISE ON THIS SITE UNLESS YOU AGREE TO THE TERMS AND CONDITIONS STATED HEREIN):
General Disclaimer
THIS SITE IS PROVIDED BY JP SPORTS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. JP SPORTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR MERCHANDISE INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JP SPORTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, JP SPORTS, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE JP SPORTS, INC. WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Merchandise Content Disclaimer
PRODUCT INFORMATION ACCESSED THROUGH THIS SITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO
NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. JP SPORTS, INC. ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER ENDORSEMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER ENDORSEMENTS REFLECT THE INDIVIDUAL ENDORSER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY JP SPORTS, INC.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JP SPORTS, INC. OR ANY OF ITS AFFILIATES, 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 DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE JP SPORTS, INC. WEB SITE OR THE MERCHANDISE PURCHASED ON THIS SITE, 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 AN AUTHORIZED REPRESENTATIVE OF JP SPORTS, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Copyrights
All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of JP Sports, Inc. or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of JP Sports, Inc. and protected by U.S. and international copyright laws. JP Sports, Inc. grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of JP Sports, Inc. and its affiliates. Other trademarks, trade names and service marks used or displayed on this site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this site without the written permission of JP Sports, Inc. or such third party owner.
Third Party Links
This site may contain links to web sites that are not owned, operated or controlled by JP Sports, Inc. or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this site. Neither JP Sports, Inc. nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither JP Sports, Inc. nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this web site, you do so entirely at your own risk. Creating or maintaining any link from another web site to any page on this site without JP Sports, Inc.’s prior written permission is prohibited. Running or displaying this site or any material displayed on this site in frames or through similar means on another web site without JP Sports, Inc.’s prior written permission is prohibited. Any permitted links to this site must comply with all applicable laws, rule and regulations.
Customer Accounts
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. JP Sports, Inc. may suspend or terminate your account or your use of this site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination.
Waiver
You hereby irrevocably and unconditionally waive, to the fullest extent legally and effectively permitted, trial by jury in any suit, action or proceeding arising out of or relating to the use of this site or the purchase and use of merchandise sold on this site.
Arbitration
Any controversy, claim or dispute arising out of or relating to the use of this site or the purchase and use of merchandise sold on this site shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in the county and state of the home office of JP Sports, Inc.
Governing Law and Jurisdiction
The law applicable to any controversy arising out of or relating to the use of this site or the purchase and use of merchandise sold on this site shall be the law of the State of Alabama, regardless of principles of conflicts of laws. All users of this site and all purchasers of the merchandise sold on this site hereby irrevocably submit to the exclusive jurisdiction of any state or federal court sitting in the county and state of the home office of JP Sports, Inc. in any action, suit or proceeding arising out of or relating to this site or the merchandise sold on this site that by law cannot be resolved by arbitration and waive, and agree not to assert in any such suit, action or proceeding, any claim that (1) such person is not personally subject to the jurisdiction of such court, (2) such suit, action or proceeding is brought in an inconvenient forum, or (3) the venue of such suit, action or proceeding is improper.
Sales Tax
Sales tax is applied to all merchandise shipped within the State of Alabama. Purchasers who reside outside of the State of Alabama are responsible for any applicable sales or use taxes of their state.
Entire Agreement
This agreement, the Privacy and Security Statement published on this site, and terms of sale constitute the entire agreement between you and JP Sports, Inc. with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and JP Sports, Inc. with respect to this site or the merchandise purchased on this site. No modification of this agreement shall be effective unless authorized in writing by JP Sports, Inc. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by JP Sports, Inc. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by JP Sports, Inc. in printed form.
Change of Terms and Conditions of Use
You agree that JP Sports, Inc. may at any time and without notice change the terms, conditions and notices under which this site is offered.
