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Terms and Conditions

Welcome to our shopping site. We provide this site to you subject to the following terms of use (“Terms”). If you visit or shop at this site, you accept these Terms. Please read them carefully.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting our site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

DISPUTES

Any dispute relating in any way to your visit to our site or to products or services sold or distributed by us in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Francisco, California and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

Collecting Information

Like many web sites, we gather information about how visitors use our Web Site. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us.

We may collect personal information when you register on, log on, or visit our Web Sites, including when you purchase products and services, participate in activities on our Web Sites, such as sweepstakes, contests, games, and informational and promotional offers, and when you provide information to our customer service representatives. Finally, our Web Sites may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Use governing our Web Sites (the "Terms")), as well as other features in which you may provide us with User Generated Materials (as defined in the Terms). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party.  We may use third parties to provide products, services and information to you.  These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
 
In order to better understand your preferences and better serve you, we may combine information you give us online with other information from the Company's sources, transactions and communications. This may include data from the Company's online marketing. We may also combine that information with data that is publicly available and data that we receive from other reputable sources. This data may include postal address updates and demographic data. We collect information to respond to customer service inquiries and for analysis purposes only. All data combined and stored with online data is protected by this privacy policy.

Online Behavioral Advertising Disclosure

We use third-party advertising companies to serve ads when you visit our Web Site. These companies may use information about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. 

Tracking Mechanisms and Deletion of Cookies

We collect non-personal information about our Web Site traffic and usage patterns from technology such as Cookies and Web Beacons. "Cookies" are small text files that help us to personalize the content of our Web Site. "Web Beacons" are electronic files used to track your navigation on a Web Site or collection of Web Sites, the completion of transactions, submittal of applications and browsing behavior.

We use cookies and other tracking technology to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, and keep track of advertisements and compile aggregate data about Web Site traffic and Web Site interaction so that we can offer better Web Site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Web Site visitors. These service providers are permitted to use the information collected on our behalf to help us conduct and improve our business.

If you prefer, you can choose to turn off all cookies via your browser settings. However, if you turn your cookies off, some of our services may not function properly. You can choose to have your computer warn you each time a Cookie is being sent or you can choose to turn off all Cookies. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your Cookie settings. If you turn Cookies off, you won't have access to many features that make your Web Site experience more efficient and some of our services will not function properly.

We also use pixel tags (tiny graphic images) to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.

We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our Web Sites and services. Through pixel tags, we also collect certain standard information that your browser sends to every web site you visit, such as your IP address, browser type and language, access times and referring web site addresses.

Description of the Type of Online Data Collected, How it is Used/Transferred, and Opt-Out

Non-Personally Identifiable Information: When you visit the Web Site, we collect some basic information that does not identify individual users. This includes pages visited, types of products purchased, and feedback from our visitors, as well as location data, logs and other communication data, and information about your computer and internet connection, including your IP address, operating system and browser type. We then aggregate this information with other pieces of information to improve our Web Site and make your experience on the Web Site as valuable and efficient as possible. Pages of the Web Site may use devices that permit us to count users who have visited those pages and for other related Web Site statistics (for example, recording the popularity of certain Web Site content and verifying system and server integrity).

Third party advertising companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. These third party cookies do not collect personally identifiable information.

Personally Identifiable Information: If you purchase an item online from us or interact with our Web Site by submitting feedback, joining a mailing list, or writing a product review, you provide us or our third-party service providers with information including:

• First and last name
• Billing address
• Shipping address(es)
• Email address
• Phone number
• Credit card account number

 

Using Information

We may use the information we collect to:

• Customize and/or personalize your communications
• Process and/or fulfill your order requests
• Better respond to your customer service inquiries
• Communicate with you about our products and events, and for other promotional purposes
• Improve our business
• Administer contests, promotions, surveys or other Web Site features

* Please note that we have the ability to retain any data that you provide on this Web Site, even if you do not complete your registration or transaction by clicking submit or next. Such contact details and data may be used to contact you to inquire why you did not complete your registration or transaction.

Sharing Information

We may provide your information to the Company's wholly-owned companies and affiliates, which may be outside the U.S. For the purpose of operating our business, we may transfer information between the Company and our third party service providers who use that information only to conduct the Company's business. For example, they may handle the Company's credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your information. We do not provide your personally identifiable information to any third parties for their own marketing purposes.

On rare occasions, we may disclose specific information upon governmental request, in response to a court order, when required by law, regulation, subpoena or legal process, to enforce our Web Site policies including investigation of potential violations, to detect, prevent, or otherwise address fraud, security or technical issues, or to protect our or others' rights, property, or safety. We may also share information with companies assisting in any of the above purposes. We do not provide information to these agencies or companies for marketing or commercial purposes.

Protecting Information

We use a variety of security measures, including commercially reasonable encryption and authentication tools to maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted to a third party service provider via Secure Socket Layer (SSL) technology. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.

Children's Privacy

We do not knowingly collect personal information from children under 13. The Company believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission. 

Policy Changes

We may change our privacy policy from time to time. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. 

Questions and Feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to Info@elevatesportsequipment.com