Términos del servicio

Terms of Use

The following terms of use (the "Shop Terms") govern your access to and use of this website, ussportswear.com, including the mobile version and any successor site(s) (collectively, the "US Sportswear Website"). The US Sportswear Website is operated by US Sportswear and/or its subsidiaries or affiliates (referred to collectively as "we," "us," or "our").

Your use of the US Sportswear Website, including any feature, content, or application offered by the US Sportswear Website, is subject to these Shop Terms, as well as all applicable laws, rules, and regulations. Please carefully review these Shop Terms.

1. Acceptance of Shop Terms

By accessing and using the US Sportswear Website, you acknowledge that you have read, understand, and agree to be legally bound by these Shop Terms. For example, Section 18 contains an arbitration agreement that mandates arbitration instead of court proceedings before a judge and jury. If you do not agree to these Shop Terms, you may not access or use the US Sportswear Website. Unless prohibited by law, we reserve the right to change, modify, or alter these Shop Terms at any time without prior notice. If we make material changes to these Shop Terms, we will notify you through a notice, updated Shop Terms on the US Sportswear Website, or by email (sent to the email address specified in your account, if applicable), prior to or upon the effective date of the changes. Your continued use of the US Sportswear Website after any such changes constitutes your acceptance of the modified Shop Terms.

1. Other Sources of Terms and Conditions; Promotions and Coupons

To participate in certain services, promotions, discounts, or coupons offered with respect to the US Sportswear Website ("Offers"), you may need to agree to additional or different terms and conditions ("Offer Terms"). In the event of a conflict between these Shop Terms and any Offer Terms, the Offer Terms shall prevail, and the non-conflicting provisions of these Shop Terms will remain applicable. For example, if you wish to redeem a coupon code on the US Sportswear Website, your redemption is subject to the specific Offer Terms applicable to that code, as well as the non-conflicting provisions of these Shop Terms. Offers are subject to various conditions, including but not limited to: (a) validity only at the specified website and not at other stores; (b) applicability to in-stock merchandise only, excluding gift cards or services; (c) limitations on cash value; (d) one Offer per person; (e) redemption requirements at checkout or in your account; (f) incompatibility with other coupons or offers; (g) single-use limitation; (h) expiration date; and (i) restrictions on reproduction, modification, sale, trade, or tax payment. Some Offers may be in the form of vouchers with promotional values. We reserve the right to limit, change, or cancel any Offer or associated order without prior notice, even after redemption or order placement. By using an Offer, you agree to comply with all applicable terms and conditions, including these Shop Terms and any Offer Terms. Additionally, some Offers may have additional requirements or restrictions imposed by us or participating third parties.

1. Use of the US Sportswear Website

The content and information provided by us on the US Sportswear Website are intended for informational, personal, or other authorized purposes only. By accessing and using the US Sportswear Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the US Sportswear Website complies with all applicable laws, rules, and regulations. The US Sportswear Website is intended for use by residents of the United States ("U.S.") or non-residents who agree to use the Website in accordance with U.S. laws, these Shop Terms, and the Privacy Policy https://us-sportswear.com/policies/privacy-policy. You further represent and warrant that you meet these residency requirements. Use of and access to the US Sportswear Website is void where prohibited.

1. Unauthorized Use

You may not use the US Sportswear Website for any unauthorized or illegal purpose. Any unauthorized use or violation of these Shop Terms may result in the immediate termination of your access to the US Sportswear Website and may subject you to legal action. We reserve the right to take appropriate legal action against individuals engaging in illegal or unauthorized activities on the US Sportswear Website. Examples of unauthorized or illegal use include, but are not limited to:

Copying, modifying, distributing, or republishing any content from the US Sportswear Website without prior written consent;

Collecting usernames or email addresses for unsolicited email purposes;

Using framing techniques without prior written permission;

Creating links from another website to the US Sportswear Website without prior written permission;

Engaging in criminal activities such as fraud, spamming, or copyright infringement;

Interfering with the functionality of the US Sportswear Website or its connected networks;

Extracting data from the US Sportswear Website for commercial purposes;

Impersonating another user or person;

Sharing account credentials with third parties;

Displaying advertisements or performing commercial activities without authorization;

Using the US Sportswear Website for harassing, threatening, or abusive purposes;

Violating any applicable laws, rules, or regulations.

1. FastCash

FastCash is a loyalty discount redeemable toward future purchases on the US Sportswear Website or other designated websites operated by us or our affiliates. To earn and redeem FastCash, you must create and maintain a customer account registered with a valid email address. FastCash is not transferable, redeemable for cash, and expires on December 31st of the year it was earned, unless otherwise specified. We reserve the right to modify or discontinue FastCash at any time.

1. Links to Third Party Sites; Advertisers

The US Sportswear Website may contain links to third-party websites, services, or content ("Third Party Sites"). We do not endorse or control Third Party Sites and are not responsible for their services or content. You access Third Party Sites at your own risk and should review their terms of use and privacy policies.

1. Privacy Policy

By using the US Sportswear Website, you agree to our collection, use, and sharing of your information as outlined in our Privacy Policy. The provisions of the Privacy Policy are incorporated into these Shop Terms by reference.

1. Products, Content, and Specifications

The US Sportswear Website showcases a range of products and services, but their availability isn't guaranteed at all times. Sometimes, listed items may be unavailable, have different attributes, or be priced differently than indicated. If a product is listed at an incorrect price due to an error, we reserve the right to cancel orders for that product. Additionally, the actual color and details of products may vary based on individual computer systems. While we strive for accuracy, we cannot guarantee the completeness or accuracy of all product descriptions and content. Opinions or statements from third parties on the website aren't endorsed by us, and we're not liable for their accuracy. We reserve the right to update product information, including price and availability, without prior notice. Order quantities may be restricted, and we retain the right to refuse service or cancel orders at our discretion. Once products are delivered to the carrier, the risk of loss passes to the customer, who's responsible for filing any claims for damaged or lost shipments. Customers must adhere to all applicable laws when using purchased products from the US Sportswear Website.

1. Property; Intellectual Property

All content featured on the US Sportswear Website, including text, graphics, icons, images, and software, is safeguarded by copyright, trademark, and other applicable laws. Names, logos, and marks displayed on the website are the exclusive property of US Sportswear and cannot be utilized without prior written permission. Other intellectual property visible on the website belongs to its respective owners. We reserve all rights not explicitly granted in and to the content and services provided on the website.

1. User-Generated Content

Users may contribute content in designated areas on the US Sportswear Website or on affiliated platforms, such as social media channels like Facebook, Instagram, Twitter, and Pinterest ("Other Platforms"). You are solely responsible for any content, including photos, videos, text, and artwork ("User Content"), you upload, post, or provide to us through these platforms. We do not assume any liability for User Content posted by you or others.

Your User Content will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable, and transferable right to use, copy, reproduce, distribute, display, publish, and create derivative works of the User Content. We may also use any ideas or concepts contained in the User Content for any purpose, including developing and marketing products and services.

You represent and warrant that you own the User Content or have the right to grant the license described above. Your User Content must not violate the rights of any person or entity, including privacy, publicity, and intellectual property rights. Posting User Content must not breach any contractual obligations.

We reserve the right to review User Content, but we are under no obligation to do so. We may reject, refuse to post, edit, or remove any User Content at our discretion and without notice. Additionally, you agree to pay any royalties or fees owed to third parties for your User Content.

1. Termination of Access and/or Account

We reserve the right to limit, suspend, or terminate your access to the US Sportswear Website or affiliated platforms, including your account registration and ability to post User Content, at any time, with or without notice, and with or without cause. Additionally, we may disclose any information regarding alleged or actual illegal activities, including your identity, to the appropriate authorities.

1. Term

These Shop Terms shall remain effective for as long as you access or use the US Sportswear Website or maintain an account with us. Refer to our Privacy Policy for guidance on modifying or deleting your account. Sections 2, 6, and 8-19, along with any other terms reasonably interpreted to survive termination, shall remain in effect even after termination of these Shop Terms.

1. Indemnity

You agree to indemnify and hold harmless Fanatics, the Fanatics Entities, the Partner Entities, their subsidiaries, affiliates, suppliers, licensors, and respective officers, agents, partners, and employees (the "Website Parties") from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising from or related to your use of the US Sportswear Website in violation of these Shop Terms or any breach of these Shop Terms, including your representations and warranties herein.

1. DISCLAIMER OF WARRANTIES

Your use of the US Sportswear Website, its content, and the products and services offered through it is at your own risk. We provide the content and information on the US Sportswear Website, as well as the products and services, "as is," without any warranties or representations of any kind. To the fullest extent permitted by applicable law, the Website Parties disclaim all express or implied warranties or representations, including any warranties of merchantability or fitness for a particular purpose.

1. LIMITATION ON LIABILITY

The Website Parties shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the US Sportswear Website, your inability to use it, or the products or services available through it, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will be limited to the greater of the purchase price for the item at issue, if applicable, or $10.00.

1. Third Party Transactions

You may engage in transactions with other users, vendors, and third parties through the US Sportswear Website. However, you acknowledge that all such transactions are solely between you and the third party, and we make no warranties regarding these transactions. Any warranties provided for products or services purchased from a third party are provided by that third party, not us. If you encounter any issues with third-party products or services, your sole remedy is to seek recourse from the manufacturer or supplier, or to pursue returns and refunds in accordance with the third party's policies.

1. U.S. Export Controls

Any software provided to you through the US Sportswear Website ("Software") is subject to U.S. export controls. You must comply with all U.S. export laws and regulations when downloading or using the Software. The download or use of any Software from the US Sportswear Website is done at your own risk.

1. Governing Law

These Shop Terms and your use of the US Sportswear Website are governed by federal and California law, irrespective of any conflict of law provisions and regardless of your location or where you access or use the website from.

1. Arbitration/No Class Action

By using the US Sportswear Website, you agree to resolve any disputes, claims, or causes of action arising from or related to the website through binding arbitration, except for small claims court matters if applicable. The arbitration will be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, applying federal arbitration laws. Both parties agree to resolve any claims individually and waive the right to participate in any class action. Additionally, both parties waive the right to a jury trial if a claim proceeds in court. However, either party may seek injunctive relief regarding intellectual property infringement in court.

Arbitration will be conducted by telephone, written submissions, or in person at a mutually agreed location. The payment of all filing, administration, arbitrator, and/or mediator fees ("Fees") will be governed by the AAA's rules. Unless determined frivolous by the AAA arbitrator, the company will reimburse you for the Fees paid by you, and will not seek reimbursement for attorneys' fees and costs associated with the arbitration.

Any award and judgment confirming it apply exclusively to the arbitration and cannot be used in any other proceeding except to enforce the award itself. Any post-arbitration action seeking to enforce an arbitration award or seeking equitable or injunctive relief must be brought exclusively in the courts of the State of California or the United States District Court for the District of California. For any claims not subject to arbitration, the exclusive jurisdiction and venue shall be the courts of competent jurisdiction in California. Both parties waive any argument against the personal jurisdiction of such courts or that the Forum is inappropriate or inconvenient. Additionally, both parties waive any rights to a trial by jury with respect to any claims. You agree to assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.

1. Miscellaneous

We may provide you with notices regarding certain events, which may be required by state or federal law, from time to time. You acknowledge and consent that such notices will be effective upon our posting them on the US Sportswear Website or delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Shop Terms shall not constitute a waiver of such right or provision. The section titles in these Shop Terms are for convenience only and do not have any legal or contractual effect. These Shop Terms and your account on the US Sportswear Website are personal to you and may not be transferred or assigned.

Our performance under these Shop Terms is subject to existing laws and legal processes, and nothing in these Shop Terms is intended to derogate from our right to comply with governmental, court, and law enforcement requests or requirements regarding your use of the US Sportswear Website or information provided to or gathered by us regarding such use.

If any part of these Shop Terms is deemed invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Shop Terms shall continue in effect.

These Shop Terms, along with any additional terms and conditions or policies referenced and incorporated herein (including the Privacy Policy and any additional terms applicable to various parts of the US Sportswear Website), constitute the entire understanding between you and us.

1. Contact Information

For any inquiries or concerns regarding these Shop Terms or the US Sportswear Website, please contact us at:

contact@us-sportswear.com

US Sportswear, 4459 Camino De La Plaza, San Diego, CA 92173.

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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://us-sportswear.com/policies/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

These Shop Terms are effective as of, and were last updated on, January 31st, 2024.