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Prep Sportswear Terms of Use

Welcome to PrepSportswear.com (“the “Site”). The Site, along with the website features, services, and products (collectively, the “Services”) is provided to you by Sportswear, Inc. (a.k.a. "Prep Sportswear"), located at 2211 Elliott Avenue, Suite 601, Seattle, WA 98121. Prep Sportswear provides its Services subject to the following terms and conditions (a.k.a. the “Terms of Use” or the “Agreement”.)

By using Prep Sportswear’s Services, you are expressly accepting and agreeing to all these Terms of Use. Your order placed on this Site also signifies your acceptance of these Terms of Use. Please read them carefully. Do not use the Site or Services if you do not accept and agree to these Terms of Use.

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.

PRIVACY POLICY

At Prep Sportswear, we respect our customers and we understand that you may have concerns about privacy. Please read our Privacy Policy that explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Prep Sportswear can use such data in accordance with our privacy policy.

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.

OWNERSHIP

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.

Using Prep Sportswear’s Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use Site Content or Code unless you obtain express written permission from Prep Sportswear or are otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, Prep Sportswear grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Prep Sportswear Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

The Site is available only for your personal use, which is limited to viewing the Site, providing information to the Site, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the Site. You may not use the Site Content or Code from the Site for any purpose other than those described in these Terms of Use. You may not use the Marks in a manner that causes confusion as to the source of the Services.

No Prep Sportswear Service, Site Content or Code, nor any part thereof, may be reproduced, duplicated, copied, distributed, sold, resold, visited, uploaded, transmitted, displayed for redistribution to third parties, republished to third parties, or otherwise exploited, for any commercial purpose without express written and signed consent of Prep Sportswear. You agree that this license does not include any of the following: resale or commercial use of any Prep Sportswear Service, the Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Prep Sportswear Service or its contents; any downloading or copying of account information for the benefit of another merchant; any downloading (other than page caching) or modifications of any portion of the Service; or any use of data mining, robots, or similar data gathering and extraction tools; any attempt to access the Services using a method other than the interface and instructions that we provide. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Prep Sportswear without express written consent. You may not use any meta tags or any other "hidden text" utilizing Prep Sportswear’s name or trademarks without the express written consent of Prep Sportswear. You may not misuse the Services. You may use the Services only as permitted by law. All rights not expressly granted to you in these Terms of Use are reserved and retained by Prep Sportswear. The licenses granted by Prep Sportswear automatically terminate if you do not comply with these Term of Use.

Nothing in this Agreement confers to you or any third-party, by implication, estopple or otherwise, any proprietary or industrial right belonging to Prep Sportswear. Your failure to comply with these Terms of Use will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.

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.

Business Uses of Services. If you are using our Services on behalf of a business, company, employer, association, organization or other entity (“Organization”), the Organization accepts these terms by your continued use of our Services. Do not use the Site if you do not have the authority from your Organization or your Organization does not accept and agree to these Terms of Use. To the greatest extent permitted by law, your Organization agrees to hold harmless and indemnify Prep Sportswear and its affiliates, successors, officers, agents, and employees from any claim, suit or action, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, arising from or related to your use of the Services, or your use or purchase of Products, or any violation of these Terms, or a claim of breach of contract, a claim of infringement of any intellectual property right, a claim of unfair competition, or a claim of dilution.

TERMS, NAMES, LETTERS, DESIGNS, OR OTHER DECORATIVE MATERIAL PRINTED ON PRODUCTS

If you are using Prep Sportswear’s Services to purchase merchandise decorated or printed with any terms, names, letters, designs, or other decorative material in any language (“Printed Matter”), and to the extent your Organization claims rights in the Printed Matter that you have selected, you represent, warrant and affirm each of the following on behalf of yourself and your Organization: that you have the right and authority to create and purchase unofficial merchandise using the Printed Matter that you have selected; that you have the right and authority to license the Printed Matter to Prep Sportswear, should a license be deemed necessary by a court of law; that you have the right and authority to bind your Organization to indemnify Prep Sportswear for any claims arising from this Agreement or your purchase; that your order for the use of the Printed Matter on custom-made merchandise is a decorative and functional use of the Printed Matter and not use as a trademark or a use indicating the source of the particular goods. By using Prep Sportswear’s Services, you expressly set aside any and all prior contracts between Prep Sportswear and your Organization and these Terms of Use shall control use of design content submitted by you.

Note: This section does not apply to personal data that you supply to our Site, such as your name, address, e-mail address, telephone number and the like. Please see our Privacy Policy for information regarding our treatment of personal data.

In using this site, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements (the "Design Content") that are “Objectionable”. For purposes of these Terms of Use, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

You acknowledge that Prep Sportswear does not pre-screen submitted Design Content, but that Prep Sportswear shall have the right (but not the obligation) at its sole discretion to reject or remove any Design Content that is available via the Site or placed as an order for production. Upon placing your order, you acknowledge that Prep Sportswear may review your order, and any Design Content it contains, for adherence to our guidelines and compliance with these Terms of Use. Failure to review your order will not constitute an admission on the part of Prep Sportswear that you have complied with these Terms of Use. Without limiting the foregoing, Prep Sportswear and its designees shall have the right to remove any Design Content that violates this Agreement or is otherwise objectionable to Prep Sportswear. You agree that you must evaluate and bear all risks associated with the use of any Design Content on your purchased products, including any reliance on the accuracy, completeness, or usefulness of such Design Content. In this regard, you acknowledge that you may not rely on any Design Content created by or submitted to Prep Sportswear. You acknowledge and agree that you are responsible for the creation and compilation of submitted Design Content, and that neither Prep Sportswear nor any other party involved with the production of any product incorporating such Design Content assumes that responsibility. Prep Sportswear's production of any product depicting your Design Content, including but not limited to sports apparel, does not indicate that Prep Sportswear approves of the Design Content, that the Design Content complies with all applicable laws, or that you are absolved of any liability or harm arising from the use of the Design Content. You acknowledge that Prep Sportswear’s production of any product depicting your Design Content is a functional and decorative use of the Design Content and does not constitute use as a trademark or use indicating the source of the goods or Services.

USE OF COMMENTS SUBMITTED BY YOU

We welcome your Comments about our Site and Services. If you submit to us any information, including but not limited to comments, reviews, feedback, data, questions, suggestions, ideas, concepts, know-how, techniques, photographs, testimonials, and other communications regarding our products or services (collectively, “Comments”), such information shall not be deemed confidential, but it will be subject to our Privacy Policy. If you submit Comments to us, you agree to these Terms of Use and you agree that we may edit or alter your submission. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, invasive of privacy, infringing of intellectual property rights, obscene or pornographic material, any software viruses, or any material that would violate any law or injure any third party.

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.

PRODUCT DESCRIPTIONS

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.

PRICING

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:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

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.

ORDERING DISCLAIMER

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.

CHARGEBACK POLICY

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.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PREP SPORTSWEAR FOR ANY CLAIM UNDER THESE TERMS OF USE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.

EXPORT CONTROL

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

We reserve the right to make changes to our Site, policies, products, and this Agreement at any time to, for example, reflect changes in the law or to our Services. You should look at these Terms of Use regularly because you are bound by any revisions we make; we will endeavor to make changes by posting them in red-line on these pages for fourteen days. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. All other changes will not apply retroactively and will become effective fourteen days after they are first posted. If you do not agree to the modified Terms of Use, you should discontinue your use of the Site and the Service.

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.

ENTIRE AGREEMENT

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.

  • An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on our Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Prep Sportswear’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Attention: Copyright Agent
Prep Sportswear, Legal Department
2211 Elliott Avenue, Suite 601
Seattle, WA 98121

QUESTIONS ABOUT THESE TERMS OF USE

If you have questions about any term in this Agreement, please send an e-mail to legal@prepsportswear.com.

END OF DOCUMENT