Terms and Conditions – AND Sportswear

Thank you for visiting ANDSPORTSWEAR.com. ANDSPORTSWEAR.INC owned and operated by ANDSPORTSWEAR.com (“Site”). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).

Additional terms and conditions may apply to certain services offered through our Site, such as digital photo printing services. Please read the applicable terms and conditions as they will apply to those services.

Use of this Site

Your viewing and use of this site is at your own risk. By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

ANDSPORTSWEAR.com provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

User age and access. By submitting information through this Site you represent that you are a United States of America resident over the age of 18.

License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission ANDSPORTSWEAR.com. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.

In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.

Your representations to us. By using this Site you represent and warrant to us that (1) you have the consent of every individual whose likeness you post to or upload through the Site to do so, (2) you have the required authorization from the owner of any copyright or other property right to post or upload their materials to or through the Site or through kiosks or other terminals at ANDSPORTSWEAR.com, (3) all information you have provided is current, true, and complete, (4) we have your consent to keep a record of the content of your postings to or though the Site and to re-transmit your online or in-store postings, for example for purposes of photo processing or printing or other purposes, (5) you agree that any person who uses the Site may view and/or comment on the material you post to the Site, and (6) you understand that we may terminate your account without prior notice and at our sole discretion if we determine that you have violated these Terms.

Inaccuracy Disclaimers

While ANDSPORTSWEAR.com makes every effort to present accurate and reliable information, the Site is presented “as is.” ANDSPORTSWEAR.com makes no guarantees with regard to the content or services of the Site, nor the accuracy, suitability, or reliability of any of the information or services provided on the Site. ANDSPORTSWEAR.com makes no guarantees that the web server used to present the Site is free of harmful agents including viruses, downloadable software, or other components that could affect your computer beyond the control of ANDSPORTSWEAR.com.

From time to time there may be information on the Site or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. ANDSPORTSWEAR.com reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). ANDSPORTSWEAR.com is not responsible for typographical / photographic errors or manufacturers’ price increases.

All images are for illustrative purposes only. We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Instant rebates: Products shown on the Site may offer instant rebates from the manufacturer or supplier. We may be required by law to charge sales tax based on the original, pre-discounted price.

Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of ANDSPORTSWEAR.com. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. ANDSPORTSWEAR.com specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, offensive, graphically violent, pornographic, or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or ANDSPORTSWEAR.com ‘s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

Security Rules

Violations of system or network security may result in civil or criminal liability. ANDSPORTSWEAR.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Privacy Policy; User Information

In the course of your use of the Site, you may be asked to provide certain information to us. ANDSPORTSWEAR.com’s use of any information you provide via the Site shall be governed by our Privacy Policy available. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

Proprietary Rights

The AND logos and service names are trademarks of ANDSPORTSWEAR.INC (the ” ANDSPORTSWEAR.INC Marks“). Without ANDSPORTSWEAR.com’s prior permission, you agree not to display or use ANDSPORTSWEAR.com Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any ANDSPORTSWEAR.com Mark without the prior written consent of ANDSPORTSWEAR.com.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANDSPORTSWEAR.com DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ANDSPORTSWEAR.com MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ANDSPORTSWEAR.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ANDSPORTSWEAR.com IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF ANDSPORTSWEAR.com

Applicable Law/Jurisdiction – Waiver of Class Action

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. Any controversy or claim arising out of or relating to your use of the Site (including any claim involving ANDSPORTSWEAR.com or employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Los Angeles County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision.

You further agree that the exclusive resolution of disputes is through individual legal action on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any action against ANDSPORTSWEAR.com whatsoever shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action.

Notices

Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us.

Send your questions or comments to webmaster@ AND sportswear.com.