YOUR ACCOUNT: AGE REQUIREMENTS
If you use the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. SportPacks does sell products for children, but it sells them only to adults who can purchase with a credit card. If you are under 18, you may access and use this Site only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. SportPacks and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
All content included on this site, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Site (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Site or used to implement the Site (collectively, the “Code”) is the property of SportPacks or its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Site is the exclusive property of SportPacks and protected by U.S. and international laws. The name SPORTPACKS and all marks or logos containing that name (collectively, the “Marks”) are the property of SportPacks.
LICENSE AND ACCESS
Limited License for Hyperlink to Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the SportPacks web site so long as the link does not portray (in SportPacks sole determination) SportPacks, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SportPacks logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
TERMS, NAMES, LETTERS, DESIGNS OR OTHER DECORATIVE MATERIAL PRINTED ON PRODUCTS
USE OF COMMENTS SUBMITTED BY YOU
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
PROMISES ABOUT PRINTED MATTER, COMMENTS AND DESIGN CONTENT
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. SportPacks reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content.
By making this purchase, you affirm that you are not relying on the Printed Matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element and to show affiliation with an organization. You understand that SportPacks is the source of all products you are ordering and that SportPacks products are not officially sponsored by your Organization or any organization.
To the extent a license to Design Content, Comments, or Printed Matter is deemed necessary by you, your Organization, or a court of law, you hereby grant SportPacks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, host, store, reproduce, adapt, publish, translate, create derivative works from, communicate, distribute, and publically display such Comments, Design Content, or Printed Matter throughout the world in any media or technology now known or later developed for the full term of any Copyright or Trademark rights that may exist in such Comment Design Content, or Printed Matter. This license continues even if you stop using our Services. SportPacks promises to use any Printed Matter on goods of the same or better quality as it currently provides. This term is not an admission that SportPacks is using any Printed Matter or Design Content as trademarks - it is not - nor shall it be deemed an admission that any trademark license is needed for use of any Printed Matter or Design Content. You also grant SportPacks and its sub-licensees the right to use the name that you submit in connection with your Comments or Design Content, if we choose. You represent that you have the necessary rights to grant us this license for any Design Content or Comments or Printed Matter that you submit to our Site. SportPacks takes no responsibility and assumes no liability for any Design Content or Comments uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes or Objectionable content that you or a third party may encounter.
You acknowledge and agree that SportPacks may preserve Comments, Design Content and Printed Matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of SportPacks, its users or the public. You understand that the technical processing and operation of the site, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree to waive any claims against SportPacks and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Design Content, Comments, Printed Matter, or any other communications or Material made available to the Site or posted on the Site by persons other than SportPacks or its affiliates. By using our Services, you agree to indemnify SportPacks and its affiliates from all claims and expenses, including reasonable attorney’s fees, whenever such claims are based on or arise from: 1) any Material you approve or provide; or 2) your violation of any of the provisions of this Agreement. If you do not agree with this promise to indemnify SportPacks, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this Site and any products ordered on this site, including without limitation sports apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
CONTENT FROM AND LINKS TO OTHER SITES
Our Services display or link to some content that is not from SportPacks. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non-SportPacks sites to which you may be directed or hyperlinked from this Site. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
PRODUCT DESCRIPTIONS AND PRODUCT IMAGES
SportPacks attempts to be as accurate as possible. However, SportPacks does not warrant that product descriptions, images or other content of this site or any SportPacks Service is accurate, complete, reliable, current, or error-free. Manufacturers often change layout and slight appearance adjustments without forwarding information of those changes to decorators. If a product offered by SportPacks itself is not as described, or pictured your sole remedy is to return it in unused condition. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Site, including product descriptions, at any time without notice.
Despite our best efforts, a small number of the items on our Site may be mispriced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling, except as otherwise noted.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. SportPacks reserves the right to accept or deny shipment to anyone for any reason. SportPacks reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, SportPacks reserves the right to cancel the order and notify the cardholder or the authorities.
SHIPPING AND DELIVERY
SportPacks ships orders via United States Postal Service and United Parcel Service. The selection of either delivery service and their specific delivery timeline is at the sole discretion of the customer. SportPacks is not liable for lost or stolen packages. The carriers policies for lost or stolen packages is outlined at their respective websites. The person placing the order is fully responsible for shipping choice and the policies that govern that purchase regarding lost or stolen packages. SportPacks is not responsible for replacement or refund on items / packages stolen or removed once delivery has been made. Orders shipped domestically usually arrive within three to five business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Because many events may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.
You may cancel an order within 24 hours of placement without cancellation fees. Log into your account to cancel or contact Customer Service to assist in cancelling your order.
RETURN / EXCHANGE POLICY
Only new/unused goods in original packaging will be accepted.
The purchaser is responsible for all return/exchange inbound/outbound shipping costs.
All non-defective returns are subject to a 15% restocking fee.
Shipping charges are non-refundable unless the return is a result of our error.
No returns or exchanges on personalized or custom items, unless the items are defective.
Repair or replacement will be at the discretion of SportPacks.
Any clearance or closeout items are considered final sales and are not returnable or exchangeable.
Refunds will be made through only through the credit card used at the time of purchase.
Goods that are being returned or exchanged are subject to two different terms and conditions based on the type of product ordered. See details listed below.
FAN WEAR PRODUCTS
Fan wear items purchased within 30 days can be exchanged or returned for refund (minus restock & shipping charges), as long as all the conditions listed above have been met.
SportPacks products are ordered for the specific needs of a particular sport, then custom decorated and therefore are not available for return or refund. Size exchanges are allowed for the same product only and must be made within 14 days of receipt of goods. Exchange items must be unworn and in new condition, tags and packaging intact. This includes any item(s) that may be unavailable for immediate shipment or backordered by a specific manufacturer, which may affect actual delivery schedule.
DEFECTIVE RETURN POLICY
Every item that we sell meets our highest standards for quality. It is our experience that through proper care and use almost all defects will be evident in the first 60 days after purchase. For this reason you may return any defective item up to 60 days after the date of the receipt of goods for repair or replacement which will be determined by SportPacks.
Defective Items returned to SportPacks that do not meet the terms and conditions listed above, will be disposed of and will not be eligible for refund. No Exceptions.
PROCESS A RETURN / EXCHANGE
To process a return / exchange please log onto your account from your school’s website the follow the instructions to generate a return / exchange. If you are experiencing any issues please contact our Customer Care Department at 1-888-858-2878. Have your order number readily available.
Items returned to SportPacks that do not meet the terms and conditions listed, will be disposed of and will not be eligible for refund. No Exceptions.
A “charge back” is a reversal of a credit/debit card charge. You do not need to file a charge back to obtain a credit due; simply contact a Customer Service agent to obtain a credit at 1-888-8588278. Unnecessary charge backs are theft and can be prosecuted. If you believe that your credit/debit card was used fraudulently, please contact us immediately. You agree that you will not charge back any amounts charged to your credit/debit card through our Services. If you charge back a credit/debit card charge for a payment initiated by you, you agree that SportPacks may recover the amount of the charge back in addition to a $50 processing fee by any means necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY SPORTPACKS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPORTPACKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTPACKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. SPORTPACKS DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
SPORTPACKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPORTPACKS SERVICE OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE OR ANY SPORTPACKS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUES, OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SportPacks operates the Site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
REVENUE SHARING PROGRAMS
No joint venture, partnership, employment, or agency relationship exists between you and SportPacks or between your Organization and SportPacks as a result of this Agreement or use of this Site or the Services, or as a result of participation in any program whereby SportPacks shares revenue with your Organization.
APPLICABLE LAW, VENUE AND JURISDICTION
If you, or the Organization you represent (together “You”) are a U.S. customer visiting SportPacks Site, You agree that the applicable U.S. federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and SportPacks relating to this Agreement, the Site, the Services, Comments, Code, Printed Matter, Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in San Jose, California, and You waive any objection to venue in the courts of the State of California, and you agree not to plead or claim in any court of the State of California that such litigation brought there is in an inconvenient forum.
SITE POLICIES, MODIFICATION, SEVERABILITY, NO WAIVER
If any of these terms are determined to be unenforceable, that term shall be severed, and this will not affect the validity and enforceability of the remaining terms. If you do not comply with these terms, and SportPacks does not take action right away, this does not mean that SportPacks is waiving any rights that it may have, such as taking action in the future. These terms control the relationship between SportPacks and you. They do not create any third party beneficiary rights.
This Agreement comprises the entire agreement between you and SportPacks, or between the Organization on whose behalf you are using the Services and SportPacks, and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in this Agreement.
DIGITAL MILLENNIUM COPYRIGHT ACT CLAIMS
SportPacks respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRIGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SportPacks the written information specified below. Please note that this procedure is exclusively for notifying SportPacks that your copyrighted material has been infringed.
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on our Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SportPacks Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
SportPacks, Inc. Legal Department Attention: Copyright Agent 1358 E. San Fernando St. San Jose, CA 95116San Jose, CA 95116
If you have questions about any term in this Agreement, please send an e-mail to email@example.com.