1. Acceptance of Terms.
Thank you for visiting Your Official Gear™. We hope that you enjoy shopping and receiving products from the stores that you visit. To ensure that your shopping experience is favorable, we want to set out the terms and conditions that will apply to your visit. Your Official Gear™ provides its website, the customized stores for organizations and the related services to you subject to the following terms and conditions ("Terms"), which may be updated from time to time without notice to you. By continuing to use our site after any changes are made, you are affirming your acceptance of the new terms. If you have any questions about the Terms, you may contact us at customerservice@yourofficialgear.com.
2. Content.
Your Official Gear™ does its best to review all content that it places on any customized e-commerce store on its site. We want to maintain a high quality of content that is user and family-friendly. We do not, however, guarantee that content we place has been screened by us, is appropriate, or complies with the standards of any particular organization. Please notify us immediately at 866.352.3240 if you find any content on our site that you deem to be inappropriate or unacceptable.
3. Product Descriptions and Colors.
Your Official Gear™ attempts to be as accurate as possible in describing the nature, type, size and color of the products offered on each organization’s site. Please be aware that when purchasing a product, it may not be exactly as described. It also may not be identical to the color presented on your computer’s web browser. It also may not be a perfect match to your school or organization’s color. Your Official Gear™ does not warrant that product descriptions or other content of any organization’s site is accurate, complete, reliable, current, or error-free.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES. YOUR OFFICIAL GEAR™ PROVIDES E-COMMERCE STORES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR OFFICIAL GEAR™ DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, OUR SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR OFFICIAL GEAR™ MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
5. EXCLUSION OF DAMAGES. YOUR OFFICIAL GEAR™ WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF YOUR OFFICIAL GEAR.COM OR ANY RELATED WEBSITES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Limitation of Liability.
Your Official Gear™ is not liable to any user and shall under no circumstances be liable to any user on account of that user’s use of the website or any e-commerce store on the site. Such limitation of liability shall apply to prevent recovery of: 1. Direct, indirect, incidental, consequential, special and exemplary damages (even if Your Official Gear™ has been advised of the possibility of such damages), arising in any way out of the availability, use, reliance on, or inability to use the website (including such damages incurred by third parties), and regardless of the form of action, whether in contract, tort, or otherwise; 2. Any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of any materials or information accessed or used through the website.
7. Pricing
Prices for products on Your Official Gear.com are described on our site. All prices are in US dollars. Prices and products may change at Your Official Gear’s™ discretion.
8. Age Restrictions
Your Official Gear™ wants to make sure that only people who are over 12 years of age shop on our site. If you are under 13 years of age, please make sure to use our site only with the help of a parent or guardian.
9. Shipping
Title and risk of loss for all products ordered by you shall pass to you on Your Official Gear’s™ shipment to the shipping carrier. Your Official Gear™ will only ship to addresses located within the United States.
10. Dispute Resolution.
Any dispute arising out of or in any way relating to your interaction with Your Official Gear™ shall be submitted to confidential arbitration in North English, Iowa, with the exception that Your Official Gear™ may prosecute any violation or perceived violation of its intellectual property rights in any state or federal court in the state of Iowa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the then applicable rules of the American Arbitration Association. Any award by the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
11. Proprietary Rights.
The Your Official Gear™.com website and the customized stores it creates and hosts contain or may contain information, text, photographs, designs, graphics, images, and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Your Official Gear™ or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Your Official Gear™ and other Your Official Gear™ logos and product and service names are trademarks of Your Official Gear™. Without Your Official Gear’s™ written permission, you agree not to display or use in any manner, the Your Official Gear™ marks.
12. No Framing.
You agree not to "frame" or "mirror" any content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Your Official Gear™ or its licensors or Licensees, respectively.
13. Online Conduct.
Your use of Your Official Gear.com is subject to applicable local, state, federal and International law. You agree not to use the site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the service;
(e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
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