Welcome to The Official Store of ESPNFC, which is operated by Sports Endeavors Inc. ("SEI") located at 431 US Highway 70A East Hillsborough, North Carolina. For these terms and conditions, ESPNFC and SEI will be collectively referred to as "SEI" "we" or "us". The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions
"), govern your access to and use of ESPNFCSTORE.COM, including any content, functionality, products and services offered on or through ESPNFCSTORE.COM (the "Website").
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
General Conditions of Use
The Website and the goods offered for purchase on it (the "Goods") are offered to you for your personal and non-commercial use only. Any other use is strictly prohibited. We offer to sell Goods on the Website to users who are 18 years of age or older. If you are not at least 18 years of age or older you will need the permission of a parent or legal guardian to purchase the Goods offered on the Website. By purchasing Goods on the Website, you are stating that you are at least age 18 or older or that you have obtained the permission of a parent or legal guardian to purchase Goods on the Website. If you do not meet this requirement, you may not purchase Goods on the Website.
Restrictions on Use
You agree that you will not:
reverse engineer or decompile (whether in whole or in part) any software available through the Website (except to the extent expressly permitted by applicable law);
remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Website;
remove any copyright, trademark or other intellectual property right notices contained in material on the Website;
make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Website) all or any part of the Website or any materials contained on it.
Unlawful or Improper Use
You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Website and you may not violate the security of the Website.
In particular, you must not:
upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence.
Use any device, software or routine that interferes with the proper working of the Website.
download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally.
hack into the Website, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behavior likely to inhibit any other user from using and enjoying the Website or that is otherwise likely to damage or destroy the reputation of the Website or SEI.
access data not intended for your use or log onto a server or an account which you are not authorized to access.
attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
attempt to interfere with service to any user, host or network, including, without limitation, via a means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing," or "crashing" the Website.
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting. SEI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
These content standards apply to any and all Comments. Comments must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Comments must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity.
Monitoring and disclosure
SEI accepts no obligation to (but may in its discretion) monitor the use of the Website by you. SEI reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions.
Intellectual Property Rights
All content and materials on the Website, including text, graphics, illustrations, designs, icons, photographs, programs, video clips, audio clips, digital downloads, data compilation, and software, is the property of SEI, its content suppliers or licensors and is protected by U.S. and international copyright laws. The ESPNFC and SEI names and logos and related product and service names, design marks and slogans are the trademarks or service marks of the ESPNFC and SEI. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
Operation of Website
Linking to the Website and Social Media Features
This Website may provide certain social media features that enable you to:
Link from certain third-party websites to certain content on this Website.
Share electronically certain content or link to certain content on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance
with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
SEI is based in the state of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer and Limitations of Liability
THE WEBSITE IS PROVIDED BY SEI ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR GOODS INCLUDED ON THE WEBSITE EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES
. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES
, SEI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND GOODS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PARTICULAR
GOOD OR TO OUR GUARANTEES
. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE TERMS AND CONDITIONS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR GOODS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SEI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SEI HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE VALUE OF PURCHASES OF GOODS YOU HAVE MADE ON THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERAIN 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 ADDIITIONAL RIGHTS.
Any links from the Website to third party websites do not constitute an endorsement by SEI of any products or services available on such websites and SEI does not necessarily support or approve of them. You use such links entirely at your own risk and SEI accepts no responsibility for the content or use of such websites or information contained in them.
Buying Goods on the Website
Contracting to Buy Goods
You may purchase Goods on the Website. The following paragraphs of this Section (Buying Goods on the Website) contain terms and conditions relating solely to any sale or provision of Goods to you by SEI.
The prices of all Goods are clearly marked in their description and are in US Dollars. All delivery charges are also displayed on the Website. Some customers may be asked to pay local duties on goods being shipped outside the United States. Despite our best efforts, a small number of items may be mispriced and if an item's correct price is higher than the stated price, we may, at our own discretion, either contact the you for instructions before shipping or cancel the order with notification.
Conclusion of Contract of Sale
By clicking the 'Send Order' or 'Submit' button at checkout you agree to these Terms and Conditions. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase Goods which, if accepted by us, will result in a binding contract. Neither your submitting an electronic order form nor completing the checkout process constitutes our acceptance of your order. We accept your order when we ship it.
Period of Offer
Prices of any Goods may be changed by SEI at any time before our acceptance of your offer to purchase Goods and the conclusion of an agreement to sell those Goods (i.e., any time before shipment).
Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security.
Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within thirty (30) days of the placement of the order. If delivery is delayed beyond thirty (30) days, we will notify you that this is the case, and you will have an option to cancel your order if the delay is unacceptable. Most orders will ship in five (5) to ten (10) days if shipped to a US address. Descriptions of the Goods usually include an estimate of the delivery delay.
Should the Goods you order not be available, substitute Goods may be provided by SEI, subject to your approval. If you should decide that any substitution of Goods is unacceptable, SEI will pay for the cost of returning the Goods and will also provide you with a full refund.
You may cancel your order at any time before delivery, without affecting the continuance of this agreement between SEI and you in relation to use of the Website. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or emailed to email@example.com prior to shipment. Once the Goods have been shipped, you may still return them to SEI within thirty (30) days of delivery for a full refund, provided the Goods are in good condition http://www.espnfcstore.com/easy-returns.html.
SEI reserves the right to terminate or suspend your access to the Website and ability to purchase Goods at any time and without notice, for any reason, including without limitation, any violation of these Terms and Conditions. SEI also reserves the right to bar anyone from using the Website.
User Comments, Feedback, and other Submissions
SEI welcomes your feedback, suggestions, ideas and any other submissions disclosed, submitted or offered on or about the Website or in connection with the use of the Website (collectively "Comments"). All Comments must comply with the Content Standards set out in these Terms and Conditions. Any Comments you post to the Website will be considered non-confidential and non-proprietary. By providing any Comments on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such Comments for any purpose.
You represent and warrant that:
You own or control all rights in and to the Comments and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your Comments do and will comply with these Terms and Conditions.
SEI is and shall be under no obligation (1) to maintain the Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold harmless SEI from and against any actions, claims, liabilities, judgments, awards, damages, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions, your unauthorized use of this Website or any Comments.
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in or serving the City of Durham and County of Durham although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your State and county of residence or your country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Users who access the Website from outside the United States do so at their own initiative and are responsible for compliance with any local laws.
SEI may delay enforcing its rights under these Terms and Conditions without waiving them. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. SEI may amend, vary or supplement these Terms and Conditions at any time. SEI will post a notice of any such amendments on the Website and such amended Terms and Conditions will automatically be effective. These Terms and Conditions (as varied from time to time) form the entire agreement between you and SEI with respect to the Website and supersede all previous agreements, understandings and representations, both oral and written, with respect to the Website.
You may contact SEI about any problems, questions or comments regarding the Website at firstname.lastname@example.org
Thank you for visiting the Website.