Terms and Conditions

SPORTGUARD Website Terms & Conditions

 

These Terms and Conditions govern your use of the SPORTGUARD website (the “Website”) and your purchase of SPORTGUARD products through the Website. By using the Website to purchase our products or for other purposes, you accept these Terms and Conditions in full. Please read these Terms and conditions carefully before using www.sportguard.net.  If you disagree with any part of these Terms and Conditions, do not use the Website.

By using this Website and by agreeing to these Terms and Conditions, you represent and warrant that you are at least eighteen (18) years of age.

Copyright. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SPORTGUARD or its content suppliers and is protected by United States and international copyright laws.  Any use of the materials on this site, including any commercial use, reproduction, modification, distribution, republication, display or performance, without the prior written permission of SPORTGUARD is strictly prohibited.

Trademarks. Sportguard, Ribguard and other marks displayed on the Website are trademarks of SPORTGUARD and may not be used, copied or imitated, in whole or in part, without express written consent from SPORTGUARD, unless otherwise indicated. All other trademarks not owned by SPORTGUARD are the property of their respective owners.

License to Use Website. SPORTGUARD grants you a limited, non-exclusive, non-transferable license to view and use Website for the purposes of learning about and purchasing SPORTGUARD products.  Any other use is strictly prohibited without the prior written consent of SPORTGUARD.

Links to Third Party Sites. The Website may provide links to other websites or resources. You acknowledge and agree that SPORTGUARD is not responsible for the availability of such external websites or resources, does not endorse such external websites or resource, and is not responsible or liable for any damage cause by your use of such external websites or resources.

Purchases. When you purchase products from the Website you will be required to provide certain personal information relevant to the purchase, such as: name, address, billing address, credit card information, email, and phone number (the “Personal Information”).  You may change or cancel your order with 24 hours of placing the order. Cancellations on rush orders are not permitted.  SPORTGUARD will ship purchases using FEDEX or an equivalent shipping service when shipping to the contiguous 48 states and USPS priority for orders when shipping to all other locations.  You are responsible for all shipping charges.

Limited Product Warranty. SPORTGUARD will repair or replace, at its expense and at its option, any product which is proven defective within 6 months of purchase (the “Warranty Period”). To make a claim under this warranty, customer must return the product to SPORTGUARD with the original receipt at your expense within the Warranty Period to PO Box 1351 Silverton, OR 97381.

Returns. SPORTGUARD will provide a full refund of the purchase price for any unused product for a period of 60 days after purchase (the “Return Period”), so long as tags remain attached to the product and you provide a copy of your original receipt of purchase.   SPORTGUARD will refund 50% of the purchase price for any product returned within the Return Period that does not include tags or which has been worn or shows signs of use. You are responsible for the cost of return shipping on all returns. All returns must be sent to PO Box 1351 Silverton, OR 97381.

Disclaimers. THIS SITE IS PROVIDED BY SPORTGUARD ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPORTGUARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS SOLD ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTGUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTGUARD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SPORTGUARD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTGUARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. SPORTGUARD does not warrant or guarantee that Personal Information will not be intercepted by third parties and disclaims any liability from such interception of Personal Information.  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.

Assumption of Risk. Our products are intended to be used during participation in extreme sports and other high risk activities. Accordingly, you assume all risks associated with participation in such sports and activities and you agree that SPORTGUARD shall not be liable for any injury to you from your participation in such sports or activities, even if you are injured while wearing a SPORTGUARD product.

Prohibited Use.  Ribguard, and all other SPORTGUARD products, are not a certified flotation or life saving devices and should not be used in place of such device.

Limitation of Liability. IN NO EVENT SHALL SPORTGUARD’S LIABILITY TO CUSTOMERS ARISING OUT OF OR RELATED TO PRODUCTS PURCHASED THROUGH THE WEBSITE EXCEED THE PURCHASE PRICE PAID BY CUSTOMER TO SPORTGUARD. IN NO EVENT SHALL SPORTGUARD HAVE ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. THESE LIMITATIONS APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.

Indemnification. You agree to indemnify and hold SPORTGUARD, its subsidiaries, affiliates, officers, agents, and other partners, and employees, harmless from any loss, liability, claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions and/or arising from breach of these Terms and Conditions.

Modification of Terms. SPORTGUARD may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. Please check the Website regularly for any changes in the Terms and Conditions.

Assignment. SPORTGUARD may transfer, assign, or sub-contract any or all of its rights and obligations under these Terms and Conditions without notice or consent.

Severability. If a provision of these Terms and Conditions is determined by a court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement. These Terms and Conditions constitute the entire agreement between you and SPORTGUARD in relation to your use of the Website and/or your purchase of SPORTGUARD products via the Website and supersede all previous agreements with respect to your use of the Website.

Arbitration. Any dispute relating in any way to your visit to SPORTGUARD or to products you purchase through SPORTGUARD shall be submitted to confidential arbitration in Salem, Oregon, except that, to the extent you have in any manner violated or threatened to violate SPORTGUARD’s intellectual property rights, SPORTGUARD may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association of Portland. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

If you have any questions about these Terms and Conditions please contact SPORTGUARD at 503-949-7482.