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TERMS OF SERVICE
Service Terms
Effective date: May 10, 2024
This website and products are provided subject to your acceptance of these terms and conditions ("Terms" or "Agreement"). These terms constitute a legally binding agreement between you and esportzgear, and you should carefully read them. By agreeing to these terms, you also agree to esportzgear's privacy policy, online return policy, store return policy, and shipping policy, each of which is explicitly incorporated by reference in this article.
This agreement includes an arbitration agreement and a waiver of class action, waiving your right to participate in court hearings or jury trials or participate in class action. Arbitration is mandatory and the sole remedy for any and all disputes, unless otherwise provided below or you choose to withdraw. Before accessing, using, or purchasing any product through the website, you must fully review this document.
User obligations
By downloading, accessing, or using this website, you represent that you are at least eighteen (18) years old or the legal age of majority (whichever is greater), and you agree to these terms. You also agree to comply with all applicable local, state, and national laws and regulations related to your use of this website. You further state that when submitting information to esportzgear through the website, you should always provide truthful, accurate, up-to-date, and complete information (and its updates). You can only use this website as permitted by this agreement and may not use this website or its content for any commercial, political, obscene, illegal or inappropriate purposes. Esportzgear reserves the right to terminate your access to this website for any reason or without reason at its discretion. If you have registered an account on the website, you may need to specify an email address and password, and esportzgear may occasionally specify other requirements. You agree to assume all responsibilities related to your use of this website, including all activities conducted through your password (and related account access). If you suspect or become aware of any loss, theft, or unauthorized use of your password, you should immediately notify esportzgear.
Purchase through website
All purchases made through this website are subject to our acceptance. This means that we can decide to refuse or cancel any transaction at our own discretion, and we are not responsible to you or any third party. This website does not allow distributors, wholesalers, or other customers who intend to resell the products provided on this website to place orders. Esportzgear explicitly states that accepting your order depends on whether you agree to these terms and all other terms and conditions provided to you on the website, which apply to your purchase of certain products. By ordering products through the website, you agree to provide true, accurate, up-to-date, and complete information. Esportzgear reserves the right to terminate or change the specifications and prices of products provided on or off the website without prior notice, without any obligation to you. Prices and supply conditions may change without prior notice, and esportzgear reserves the right to withdraw any quotation to correct any errors, inaccuracies, or omissions.
Esportzgear hopes that you are satisfied with the products purchased from this website. If you wish to return the item, please refer to our online return policy and store return policy, which are incorporated by reference in this article.
Website ownership and content
The materials contained on this website include but are not limited to text, images, designs, photos, videos, audio clips, graphics, button icons, images, advertising copies, URLs, technology, software, and the overall arrangement or "appearance" of such materials, including copyrightable materials, as well as trademarks, logos, and service marks belonging to esportzgear, its licensors, licensees, or other third parties (collectively referred to as "Content"). The website and content are owned, licensed, or controlled by esportzgear, its licensors, and certain other third parties. All rights, ownership, and interests in the content and website are the property of esportzgear, its licensors, or certain other third parties, and are protected as much as possible by US and international copyrights, trademarks, trade dress, patents, or other intellectual property rights and laws. By using this website, you will not acquire any ownership, intellectual property or other benefits of any items or content on this website. Subject to your agreement and compliance with this agreement, esportzgear grants you a limited, non exclusive, non transferable, non transferable, and revocable license to access, display, view, and use the content on the website solely for your personal non-commercial use. You agree that esportzgear may immediately suspend or terminate the availability of the website, its content, or products without notifying you, and shall not be liable to you or any third party.
User generated content
By submitting or publishing any materials or content ("User Generated Content") on the website, you grant Esportzgear a permanent, irrevocable, royalty free, global, royalty free, sub licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works, distribute, copy, and sub license such materials or any part of such materials. You hereby declare, guarantee and undertake that any user generated content you provide does not violate any law or any third-party rights, and you have the right to grant esportzgear the aforementioned license. Esportzgear reserves the right to use any user generated content without any obligation of confidentiality, attribution, or compensation to you.
Limitation of liability; Disclaimers Unless otherwise prohibited or prohibited by law, this website and all content, products, and other information accessed on or through this website are provided "as is" and "usable", without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non infringement, safety, or accuracy. Esportzgear does not guarantee that: (1) the information on the website is correct, accurate, or reliable; (2) The functions included in website applications will be uninterrupted or error free; Or (3) the defect will be corrected, or the available website or server will be free of viruses or other harmful components. Under no circumstances shall esportzgear or its officers, directors, shareholders, employees, independent contractors or agents be liable for any indirect, special, incidental, exemplary, consequential or punitive damages arising out of or in connection with this Agreement, Privacy Policy, Return Policy, Transportation Policy, Products or your use of the Website or any Products, including but not limited to contract, tort, strict liability, warranty or otherwise. Despite any contrary provisions in these terms, this disclaimer and limitation of liability do not apply to the state of New Jersey.
Links to third-party websites
The website may include links to third-party websites, such as those from advertisers, sponsors, content partners, and third parties. The inclusion of any links on the website does not imply our recognition of it. Esportzgear expressly disclaims any responsibility for the accuracy of the content, materials, information, or the quality of the products or services provided, available, or advertised on these third-party websites.
Privacy
You understand, acknowledge, and agree that operating certain parts of this website or receiving certain information, such as registering or creating an account on this website, requires the submission, use, and dissemination of certain personal identity information. Please note that by providing your mobile phone number to the website, you have provided your electronic signature to esportzgear and explicitly agree to contact the provided number via phone (including automatic dialing system, pre recorded messages, SMS, and MMS), even if the number you provide is on the company, state, or country's prohibited call list. You know that purchasing does not require your consent.
Electronic signatures and protocols
You confirm and agree that by clicking on the button marked "Submit", "Download", "Place Order", "I Accept", any link where you submit bills or shipping information, or a similar link specified by esportzgear to accept these terms and conditions, you have submitted a legally binding electronic signature and signed a legally binding contract. You acknowledge that the electronic files you submit constitute your agreement and are bound by this agreement. According to any applicable laws, regulations, rules, regulations, or other laws, including but not limited to the US Global and National Commercial Electronic Signature Act (P.L. 106-229) (the "Electronic Signature Act"), you hereby agree to use electronic signatures, contracts, orders, and other records, and agree to electronically deliver notices, policies, and records of transactions initiated or completed through products provided on the website or esportzgear. In addition, you waive any right or requirement under any laws, regulations, rules, ordinances or other laws of any jurisdiction to require original signatures, deliveries or retention of non electronic records, or to make payments or grant credit by means other than electronic means.
Sales tax
Esportzgear complies with state guidelines on sales and use taxes, which are determined by the destination address of your goods. When you checkout and confirm your shipping details, any applicable taxes will be calculated based on the total value of your goods. In addition, the total order amount at checkout reflects the estimated tax amount. The actual cost of your payment method will reflect all applicable state, local, and county taxes and will be calculated after your order is shipped.
Mixed
This agreement constitutes the entire agreement between you and esportz gear and supersedes any previous versions of this agreement and esportz gear. If the arbitrator or (if appropriate) a court of competent jurisdiction determines that any provision of this Agreement is invalid, the remaining provisions shall not be affected thereby and shall continue to be in full force and effect, and may be modified or separated from this Agreement to the extent necessary to make it enforceable and consistent with the remaining provisions of this Agreement.