Terms and Conditions
BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, OR BLOGS, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO FURTHER USE. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.
These Terms of Use may be modified at any time without notice, effective upon posting updated Terms to the Website. Your continued use of the Website constitutes your acceptance of the updated Terms of Use.
CONTACT POLICY
We’d like to send you discounts, exclusive offers and the latest info by email, phone or SMS means. We always treat your contact information as our own, and never sell it to outside companies for 3rd party marketing. If you wish to not receive messaging from us you can opt-out at any time by contacting our 24/7 live customer service or by replying to the messaging service.
SHIPPING POLICY
Your products will be shipped on the following business day of placing your order. All items are sent via USPS and should arrive in 3 - 5 business days. Please allow up to 7 business days for your items to arrive, if not received by that time, please feel free to contact our customer service department for additional assistance. Your charges will appear on your statement as: yourshopping-solution.com.
RETURN POLICY
You can return most items purchased for a full refund within 30 days of receiving your order. When you return an item, you may see different return options depending on the item, or reason for return. Contact our Customer Service Department 24 hours a day to request a Return Merchandise Authorization and shipping instructions. Our agents will assist you with sending you the return packing slip. You will be responsible for a returned item postage. If items are defective, we will offer to resend a new replacement. Return address info is US Direct 320 1st. St. N, Ste 709, Jacksonville, FL 32250.
HOW REFUNDS ARE ISSUED
When returning an item, your original payment method will be credited. If a gift card was used, we may elect to send you a certified check for the refund balance due. If you're receiving a refund after we have received your item, it may take an additional three to five business days to process your return fully and issue your refund. Once we issue your refund, it may take additional time for your funds to be made available in your account by your financial institution.
OWNERSHIP OF WEBSITE CONTENT
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, datasheets, FAQs is owned exclusively and/or by the affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display, or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution unless you have the express prior written permission. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services, or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
FEEDBACK
Any questions, comments, suggestions, or other information about our products or services submitted through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. The uploaded content shall be free to use, reproduce, disclose, and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we will not have any obligation or liability to you arising from any third party’s receipt or use of such information or material.
FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that we do not control, and are not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will we be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that we do not pre-screen or approve Feedback and User Content but shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
ESTABLISHING AN ACCOUNT
Submissions and use of the Website are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13, and children under the age of 13 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
AVAILABILITY OF PRODUCTS, SERVICES, FEATURES, AND CONTENT
All products, services, features, and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, at our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to review and approval. If we choose to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
EXTERNAL SITES
The Website may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
COPYRIGHT
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that work has been copied in a way that constitutes copyright infringement, please notify us of a claim of copyright infringement ("Copyright Agent"), under DMCA guidelines
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION ON LIABILITY AND INDEMNITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, US, OUR OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS, AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR SITE AND SERVICES; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPLY TO OUR NEGLIGENCE OR INTENTIONAL CONDUCT.
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state, and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All products and publications are commercial in nature. We do not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed, and collected in the United States in compliance with the privacy policy.
DISPUTES AND ARBITRATION AGREEMENT
Any dispute or claim relating in any way to the Website and our products or services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of these Terms, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claims you assert against our subsidiaries, affiliates, and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of these Terms required arbitration.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would. If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claim with your claims, and may not otherwise preside over any form of a representative, consolidated, or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
If your dispute is not resolved by Customer Service, before beginning arbitration, please send a written notice describing the claim to us
If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org.