In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the link at the bottom of the communication. We will communicate with you electronically, that is, by e-mail or by posting notices or taking electronic action on this Site. You agree that all agreements, terms, notices, disclosures, electronic actions, and any other communication that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT; AGE REQUIREMENTS
If you use the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. Prep Sportswear does sell products for children, but it sells them only to adults who can purchase with a credit card. If you are under 18, you may access and use this Site only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. Prep Sportswear and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
All content included on this site, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Site (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Site or used to implement the Site (collectively, the “Code”) is the property of Prep Sportswear or its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Site is the exclusive property of Prep Sportswear and protected by U.S. and international laws. The name PREP SPORTSWEAR and all marks or logos containing that name (collectively, the “Marks”) are the property of Prep Sportswear.
LICENSE AND ACCESS
Limited License for Hyperlink to Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Prep Sportswear web site so long as the link does not portray (in Prep Sportswear’s sole determination) Prep Sportswear, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Prep Sportswear logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
TERMS, NAMES, LETTERS, DESIGNS, OR OTHER DECORATIVE MATERIAL PRINTED ON PRODUCTS
USE OF COMMENTS SUBMITTED BY YOU
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
PROMISES ABOUT PRINTED MATTER, COMMENTS, and DESIGN CONTENT.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. Prep Sportswear reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content.
By making this purchase, you affirm that you are not relying on the Printed Matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element and to show affiliation with an organization. You understand that Prep Sportswear is the source of all products you are ordering and that Prep Sportswear’s products are not officially sponsored by your Organization or any organization.
To the extent a license to Design Content, Comments, or Printed Matter is deemed necessary by you, your Organization, or a court of law, you hereby grant Prep Sportswear a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, host, store, reproduce, adapt, publish, translate, create derivative works from, communicate, distribute, and publically display such Comments, Design Content, or Printed Matter throughout the world in any media or technology now known or later developed for the full term of any Copyright or Trademark rights that may exist in such Comments,Design Content, or Printed Matter. This license continues even if you stop using our Services. Prep Sportswear promises to use any Printed Matter on goods of the same or better quality as it currently provides. This term is not an admission that Prep Sportswear is using any Printed Matter or Design Content as trademarks - it is not - nor shall it be deemed an admission that any trademark license is needed for use of any Printed Matter or Design Content. You also grant Prep Sportswear and its sub-licensees the right to use the name that you submit in connection with your Comments or Design Content, if we choose. You represent that you have the necessary rights to grant us this license for any Design Content or Comments or Printed Matter that you submit to our Site. Prep Sportswear takes no responsibility and assumes no liability for any Design Content or Comments uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes or Objectionable content that you or a third party may encounter.
You acknowledge and agree that Prep Sportswear may preserve Comments, Design Content and Printed Matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Prep Sportswear, its users or the public. You understand that the technical processing and operation of the site, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree to waive any claims against Prep Sportswear and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Design Content, Comments, Printed Matter, or any other communications or Material made available to the Site or posted on the Site by persons other than Prep Sportswear or its affiliates. By using our Services, you agree to indemnify Prep Sportswear and its affiliates from all claims and expenses, including reasonable attorney's fees, whenever such claims are based on or arise from: 1) any Material you approve or provide; or 2) your violation of any of the provisions of this Agreement. If you do not agree with this promise to indemnify Prep Sportswear, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this Site and any products ordered on this site, including without limitation sports apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
CONTENT FROM AND LINKS TO OTHER SITES
Our Services display or link to some content that is not from Prep Sportswear. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non-Prep Sportswear sites to which you may be directed or hyperlinked from this Site. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
Prep Sportswear attempts to be as accurate as possible. However, Prep Sportswear does not warrant that product descriptions or other content of this site or any Prep Sportswear Service is accurate, complete, reliable, current, or error-free. If a product offered by Prep Sportswear itself is not as described, your sole remedy is to return it in unused condition. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Site, including product descriptions, at any time without notice.
Despite our best efforts, a small number of the items on our Site may be mispriced. If we discover a mispricing, we will do one of the following:
The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling, except as otherwise noted.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Prep Sportswear reserves the right to accept or deny shipment to anyone for any reason. Prep Sportswear reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Prep Sportswear reserves the right to cancel the order and notify the cardholder or the authorities.
SHIPPING AND DELIVERY
Prep Sportswear ships orders within the 50 United States via USPS, UPS and FedEx. Orders shipped usually arrive within 1 to 3 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Because many events may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.
RETURN AND CANCELLATION POLICY
Due to the custom nature of our merchandise, Prep Sportswear only accepts returns for damaged or misprinted items. Please see FAQs for further details. You may cancel an order the same day it is placed. Click here for directions on cancelling an order.
A “charge back” is a reversal of a credit/debit card charge. You do not need to file a charge back to obtain a credit due; simply contact us using our feedback form to obtain a credit. Unnecessary charge backs are theft and can be prosecuted. If you believe that your credit/debit card was used fraudulently, please contact us immediately. You agree that you will not charge back any amounts charged to your credit/debit card through our Services. If you charge back a credit/debit card charge for a payment initiated by you, you agree that Prep Sportswear may recover the amount of the charge back in addition to a $50 processing fee by any means necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY PREP SPORTSWEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREP SPORTSWEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, PREP SPORTSWEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. PREP SPORTSWEAR DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
PREP SPORTSWEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PREP SPORTSWEAR SERVICE OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE OR ANY PREP SPORTSWEAR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUES, OR DATA. 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.
Prep Sportswear operates the Site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
REVENUE SHARING PROGRAMS
No joint venture, partnership, employment, or agency relationship exists between you and Prep Sportswear or between your Organization and Prep Sportswear as a result of this Agreement or use of this Site or the Services, or as a result of participation in any program whereby Prep Sportswear shares revenue with your Organization.
APPLICABLE LAW, VENUE, AND JURISDICTION
If you, or the Organization you represent (together “You”) are a U.S. customer visiting Prep Sportswear’s Site, You agree that the applicable U.S. federal laws and the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and Prep Sportswear relating to this Agreement, the Site, the Services, Comments, Code, Printed Matter, Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Washington, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in Seattle, Washington, and You waive any objection to venue in the courts of the State of Washington, and you agree not to plead or claim in any court of the State of Washington that such litigation brought there is in an inconvenient forum.
SITE POLICIES, MODIFICATION, SEVERABILITY, NO WAIVER
If any of these terms are determined to be unenforceable, that term shall be severed, and this will not affect the validity and enforceability of the remaining terms. If you do not comply with these terms, and Prep Sportswear does not take action right away, this does not mean that Prep Sportswear is waiving any rights that it may have, such as taking action in the future. These terms control the relationship between Prep Sportswear and you. They do not create any third party beneficiary rights.
This Agreement comprises the entire agreement between you and Prep Sportswear, or between the Organization on whose behalf you are using the Services and Prep Sportswear, and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in this Agreement.
DIGITAL MILLENNIUM COPYRIGHT ACT CLAIMS.
Prep Sportswear respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Prep Sportswear the written information specified below. Please note that this procedure is exclusively for notifying Prep Sportswear that your copyrighted material has been infringed.
Attention: Copyright Agent
Prep Sportswear, Legal Department
2211 Elliott Avenue, Suite 601
Seattle, WA 98121
If you have questions about any term in this Agreement, please send an e-mail to email@example.com.
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