TERMS OF SERVICE
Welcome to the website of Team Gear, Inc. an IDClothing Company. TeamGearInc.com (“Site”) operated by Team Gear Inc, an IDClothing Company, developed by Persuasive Brands, LLC and collectively referred to herein as “we,” “us,” or “our.”
PLEASE NOTE THAT YOUR USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS MAY BE UPDATED FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR USE OF THE SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THESE TERMS.
You agree not to do any of the following while using the Site: * Intentionally or unintentionally violate any applicable law or regulation; * Hack, take down, or impair any portion of the Software or otherwise interfere with the Site’s operation; * Access or attempt to access information of others, databases, our information, proprietary methods or technology; * Collect email addresses, account information or information of others; * Use automated scripts or technology to interact with the Site; * Decompile, debug, disassemble, decrypt, extract, replicate, reverse engineer, modify, alter, translate, or adapt the Site, accompanying data or its Software; * Access, tamper with, or use nonpublic areas of the Site’s computer systems. Individuals attempting any of these actions are subject to prosecution.
PURCHASE OF ITEMS
We do not sell items to persons under the age of eighteen (18). By using the Site you agree and affirm that you 18 years of age or older. If you do not agree you must not use the Site.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site.
The Site may contain links to other web sites or resources. You acknowledge and agree that we are not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Site.com does not imply that we endorse the linked site.
SECURITY AND CONFIDENTIALITY
We take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of data, including electronic, and managerial procedures. However, we cannot guarantee the security of such information if the exchanges include networks, servers, hardware, or software that are not owned by us. To help minimize any risk, we employ Secure Sockets Layer (SSL) software to encrypt transaction-related information when conducting purchase transactions.
PROTECTION OF CONTENT PROVIDED BY US AND OUR LICENSORS
All text, graphics, logos, icons, images, audio clips and software on the Site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us or our affiliates, and may also contain brand and product names which are trademarks, service marks or trade names that may be owned by third parties. The Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by us, our affiliates, or third parties. “Team Gear Inc” and “TeamGearInc” are our trademarks. Unless authorized in writing by an officer of ours, our trademarks may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, reposts, exploit for any commercial purpose, or otherwise use any of the content in any way for any public or commercial purpose without our prior written consent or the rights holder. You may not use the Site or Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use any items will automatically terminate, you must immediately destroy any copies you have made, and end your authorization to use the Site and Content. Nothing contained on the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of ours, our affiliates, or any third party, and the exercise of all such IP Rights in the services, products, processes or technologies described are expressly reserved to us, our affiliates, and/or any third party, as applicable.
We may provide any necessary notices by posting them on the Site. You authorize us to send notices via electronic mail as well if we decide, in our sole discretion, to do so. You also agree to periodically check https://www.teamgearinc.com/terms-conditions to review the Terms governing the use of the Site. You will be considered to be notified once the Terms are updated on the Site whether or not you visit or review these Terms.
DISCLAIMER OF WARRANTIES
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES.
Limitation of Rights
You agree not to disparage, harass, threaten, sue, or otherwise bring claim against us for any cause, either direct or indirect, foreseen or unforeseen, related in any manner to the Site, Content, or its software.
You agree to indemnify and otherwise hold harmless us, our officers, owners, employers, agents, subsidiaries, affiliates, licensors and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorney fees, arising out of, relating to, or resulting from the Site, Content, or any other matter relating to our services.
You agree to pay for all products and services purchased through your account on the Site.
If you pay with a credit card, you may be subject to a 3.0% convenience fee to pay for the credit card processing services provided by Authorize.Net.
All sales are final with no refunds. If you have any questions, please contact us at 1-877-ID-WEAR1 prior to conducting any transaction or making a purchase.
We may terminate your Account with or without cause at any time effective immediately.
We shall be excused from performance under these Terms if the Site is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control, (d) any data or security breach, or (e), any denial of service or other related activity.
The following provisions shall survive any termination of these Terms: Disclaimer of Warranties, Limitation of Liability, Limitation of Rights, Indemnification and General Provisions.
If you have additional questions, please contact us. We would be delighted to help