RETURNS:
Merchandise Should Be Inspected Carefully Upon Delivery. Claims For Damages Or Shortages Must Be Made Within 30 Days Of Order Shipment. Requests For Returns Must Be Made Within Thirty Days From Date Of Shipment. No Returns Allowed Without Pro SportsXperienceauthorization. Returns Must Be Sent Prepaid, And May Be Subject To A 20% Restocking Charge With A $20.00 Minimum Fee. Returns Will Be Accepted On Merchandise In Its Original Packaging.
EQUIPEMENT AND BULK ORDERS: All Equipment Must Be Returned Within 30 Days Of Delivery Date With A Sales Receipt And Will Be Charges A Restocking Fee:
- $75 Restocking Fee
Refunds Will Not Be Issued Without Packing Receipt. Special Orders Cannot Be Returned.
PRICES:
Prices Are Subject To Change Without Notice.
SALES AGREEMENT:
All Orders Are Subject To Factory Acceptance. Custom Orders May Not Be Cancelled. No Returns Are Accepted On Custom Orders.
MINIMUMS:
There Are No Minimum Order Requirements.
TERMS:
There Is No Surcharge Or Extra Processing Fee For Credit Card Payment. All Returned Payments Will Be Charged A $35.00 Fee.
WARRANTY:
Pro Sports Xperience Guarantees All Products To Be Free From Manufacturing Defects For A Period Of One Year From Date Of Purchase. This Warranty Gives You Specific Legal Rights, And You May Also Have Other Rights Which Vary From State To State.
Factory Authorized Returns Should Be Authorized By Pro Sports Xperience
All Shipments Should Be Verified To Be The Correct Merchandise Ordered Before Product Is Altered. This Includes Third-Party Shipments. No Returns Will Be Accepted Once Merchandise Has Been Altered In Any Fashion.
BY USING PRO SPORTS XPERIENCE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF US, IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE. Please Review These Terms Regularly, As They May Change Anytime. By Using The Site After A Change In The Terms, You Agree To Follow And Be Bound By The Terms As Changed.
The Site:
The Site Includes Everything Posted On Or Provided Through Pages Posted On The Holloway Sportswear Website At Http://Www.Prosportsexpience.Com Including But Not Limited To The Following:
Content:
Everything You See Or Otherwise Receive From Or On The Pro Sports Xpeience Website. Content Includes But Is Not Limited To All Software, Marketing Tools, Images, Graphics, Photographs, Trademarks, Logos, Trade Names, Text, Documents And Sounds, And All Services Provided Through The Website.
Intellectual Property:
Unless Otherwise Noted, All Content Is Copyright, Trademark, Trade Dress Or Other Intellectual Property Owned Or Licensed By Pro Sports Xperience And Logo (PSX) And Protected Under U.S. And International Laws And Treaties. “Holloway Sportswear” Is A Registered Trade Name Of Holloway Sportswear Inc. You May Not Use Any Pro Sports Xperience And Logo (PSX) Trademark As Part Of Your Company Name, Corporate Name, Trade Name Or Domain Name.
Site Use:
You May Use Or Download Content For Your Business As Specifically Permitted On The Site, Or For Your Personal Noncommercial Purposes. No Other Use Of Content Is Allowed. These Limited Rights Are Granted To You Only So Long As In Exercising These Rights You:
- Make Only Lawful Use Of The Site.
- Violate No One Else’s Rights, Including Copyright, Trademark, Trade Secret, Privacy, Publicity Or Other Rights.
- Keep Unchanged All Copyright And Other Notices Provided With Content On The Site.
- Use Reasonable Efforts To Protect The Content From Unauthorized Use, Modification, Reproduction, Distribution Or Publication.
- Do Not Portray Pro Sports Xperience, Its Affiliates Or Licensors, Or Their Products Or Services, In A False, Misleading, Derogatory, Or Offensive Way.
- Abide By All Applicable Laws, Rules And Regulations Regarding Spam (Commercial E-Mail).
- Send E-Mails Only To Recipients With Whom You Have A Prior Business Relationship.
- Send No E-Mails To Recipients Who Have Asked That You Stop Sending Them E-Mails.
- Do Not Use A False E-Mail Address, Impersonate Any Person Or Entity, Or Otherwise Mislead Anyone As To The Origin Of Your Services Or Of Any Content.
You May Not Upload Post, Transmit, Distribute Or Otherwise Publish On Or To The Site Any Of The Following:
- Software Virus Or Other Harmful Component.
- Advertising Or Commercial Material Of Any Kind, Except As Expressly Invited By Holloway Sportswear.
- False, Threatening, Libelous, Defamatory, Pornographic, Obscene Or Otherwise Unlawful Material.
You May Not Interfere With The Site Or Any Other User’s Use Of The Site By, For Example Overloading, Flooding, Mail-Bombing Or Crashing The Site; Or Inserting Any Code Or Product Or Manipulating The Content In Any Way That Affects Any User’s Experience Of The Site.
Pro Sport Xperience; PSX Does Not Warrant Or Represent That Customers Are Permitted To Use Any Third Party Marks. Any Use Of Third Party Marks Must Comply With Any Restrictions Imposed By The Mark Owner, And Is Done At The Customer’s Own Risk.
Pro Sports Xperience; PSX Is Not Responsible For The Conduct Of Any Person Using The Site.
Visitor Submission:
Information You Transmit To The Site Is Not Confidential Or Proprietary. Pro Sports Xperience May Use Any Information You Transmit Through The Site On An Unrestricted Basis. This May Include Personal Information About You And Your Use Of The Site.
Age Requirements:
Pro Sports Xperience (PSX) Site Is Intended Only For Those Aged 18 And Older. If You Are Under 18, You May Not Register Or Submit Personally Identifiable Information On, To Or Through The Site. Pro Sports Xperience Does Not Collect Personally Identifiable Information From Any Person Known To Be Under 18.
Links:
Links From The Site To Third Party Sites Are Provided Only As A Convenience. You Use Outside Links At Your Own Risk. Such Links Do Not Constitute Pro Sports Xperience (PSX) Endorsement Of Any Third Party, Its Site, Or Its Goods Or Services. Pro Sports Xperience;(PSX) Disclaims Liability For Any Injury You May Experience By Using Such Materials. You May Not Create Links To The Site That Portray Pro Sports Xperience;(PSX) In A False Or Misleading Light. You May Not Use “Framing” Or Similar Techniques To Enclose Any Portion Of The Site. Except As Intentionally Enabled By The Marketing Tools, You May Not Link To Any Pages Other Than The Pro SportsXperience(PSX) Home Page.
Generic Sites:
Your Creation Of A Custom Site Is Subject To All Of These Terms. Upon Creating A Custom Site, You Acknowledge And Agree To All These Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT SET UP A GENERIC SITE.
You Are Welcome To Download And Display Pro Sports Xperience(PSX) Trademarks And Images For Your Custom Site, As Long As They Are Used Properly And Not In A Misleading Way. Pro Sports Xperiencereserves The Right To Revoke Permission For Any Usage In Its Sole Discretion. Pro Sports Xperience Logos Displayed On Your Site Must Comply With Pro Sports Xperience Graphic Standards.
Your Site Must Not Lead Users To Believe You Are Pro Sports Xperience. You May Not Use Any Pro Sports Xperience;(PSX) Trademark As Part Of Your Company Name, Corporate Name, Trade Name Or Domain Name. Your Site Must Provide Your Contact Information, Including Your True Name Or Registered Trade Name, And A Street Address Or PO Box. Misleading Statements (Such As Misleading Use Of “We” Or “Us”) Must Be Avoided. You May Use Information About Por Sports Xperience Awards, Accomplishments, Memberships, Announcements, Etc., Only With Pro Sports Xperience’s Prior Written Approval As Placement And Context.
Your Site May Not Use Another Company’s Logo, Trademark Or Other Copyrighted Material Without Their Permission. You Are Expected To Conduct Proper Research To Ensure That The Items Posted To Your Custom Website Are In Compliance With All Local, State, National, And International Laws. If We Determine That Any Content On Your Site Is Prohibited, We May Summarily Remove It Or Delete The Custom Website. Pro Sports Xperience Reserves The Right To Make Judgments About Whether Or Not Content Is Appropriate In Its Sole Discretion. Use Of The Custom Website Is At Your Own Risk.
Disclaimers And Liability Limitations:
YOU USE THE SITE SOELY AT YOUR OWN RISK. PRO SPORTS XPERIENCE PROVIDES THE SITE “AS IS”, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTAIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PATICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL PRO SPORTS XPERIENCE OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF PRO SPORTS XPERIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If You Are Dissatisfied With The Site Or Any Of The Terms, Your Sole And Exclusive Remedy Is To Stop Using The Site. Some States Do Not Allow Certain Limitations On Implied Warranties Or Certain Damages, So Some Of The Above Exclusions May Not Apply To You.
Indemnification:
You Agree To Defend, Indemnify And Hold Harmless PRO SPORTS XPERIENCE And It Officers, Directors, Owners, Agents, Employees, Affiliates, Licensees And Licensors From And Against Any And All Claims, Damages, Costs And Expenses, Including Reasonable Attorneys’ Fees, Arising From Or Related To Your Use Of The Site, And For Your Violation Of Any Of The Terms.
Termination:
Your Failure To Comply With Any Of The Terms Automatically Revokes Your Authorization To Use The Site And Terminates Any And All Rights Granted To You Under The Terms. Various Parts Of These Terms Will Continue In Force And Effect Upon Termination Of Your Rights, According To Their Nature, Including Restrictions, Disclaimers, Liability Limitations And Indemnification Obligations. Upon Termination, You Must Promptly Destroy All Content And Software Downloaded Or Obtained From This Site. Pro Sports Xperiencemay Change, Suspend Or Discontinue Or Restrict Any Site Featured At Any Time Without Prior Notice.
Applicable Law And Dispute Resolution:
The Terms Will Be Construed According To The Laws Of The State Of Alabama, U.S. Without Regard To Its Conflicts Of Laws Principles. Any Dispute Arising Under Or Relating To The Site, Marketing Tools, Software Or Terms Shall Be Resolved By A Court Of Competent Jurisdiction Located In Limestone County, Alabama. Your Use Of The Site Constitutes Your Consent To Submit To The Jurisdiction And Venue Of The State And Federal Courts Located In Alabama. In The Event Of A Dispute Hereunder, The Prevailing Party Shall Be Entitled To Recover Its Costs And Expenses Incurred, Including Reasonable Attorneys’ Fees.
Miscellaneous:
If Any Provision Or Portion Of The Terms Is Found To Be Void Or Unenforceable, That Provision Or Portion Will Be Enforced To The Maximum Extent Allowed To Affect The Intent Of The Terms, And The Remainder Of The Terms Will Remain In Full Force And Effect. No Waiver Of Any Terms Shall Be Effective Unless In Writing And Signed By Both Parties. No Waiver Of Any Past Or Present Right Arising From Any Breach Of Failure To Perform Shall Be Deemed To Be A Waiver Of Any Future Right Arising Under The Terms. The Terms Are The Entire Agreement Between You And Pro Sports Xperience (PSX) Relating To The Site. Any Prior Agreement Between You And Pro Sports Xperience(PSX) Regarding The Subject Matter Of The Terms Is Superseded And Has No Force Or Effect. All Rights Not Expressly Granted Herein Are Reserved.