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Terms of Use and Copyright
Welcome to R.W.Sports! Please carefully read the following Terms
of Use before using the RWSports.net web site (the “Site”). By
accessing this Site, you agree to be bound by the current
version of these Terms of Use and our Privacy Policy. These
Terms of Use may be updated from time to time. Accordingly, you
should check the date of the Terms of Use (which appears at the
end of this document) and review any changes since the last
version. If at any time you do not agree to these Terms of Use,
please do not use this Site. When we refer to “you” or “yours”
we mean persons accessing the Site or placing orders through the
Site. When we refer to “us,” “our” or “we,” we mean R.W.Sports,
Corp.
Your
Order
Every order that you place on our Site will be subject to
acceptance in accordance with these Terms of Sale. The final
details of your order will be listed at the end of the checkout
process. Following completion of the checkout process, we will
send you an email detailing the products you have ordered with
an order number and date, the shipping address and delivery
method you have given us for your order. This email is not an
order acceptance from us, and your order will not be completed
and accepted by us until we notify you that it has been shipped.
You must inform us immediately if there are any errors in your
order.
Once we have processed your order, we will send you another
email confirming that it has been shipped. You should save this
email for your own records. The shipping notification email will
be completion of your purchase contract. If there are items that
you have ordered that do not appear in the shipping notification
email, you will not be charged for them. Completion of the
purchase contract will also not take place where we have
notified you that we cannot accept your order for any reason. If
your order is shipped via UPS, we will send you a tracking
number in the shipping notification email so you can track your
purchase through the carrier’s web site. If your order is
shipped via USPS, you will not receive a tracking number.
Acceptable Forms of Payment
We accept Visa, MasterCard, and Discover credit cards as
payment for purchases on the Site. We do not accept money
orders, personal or business checks, COD’s, or any credit card
not listed above.
Errors on
the Site; Prices and Quantity Limits
While we try to have the most accurate and current information
possible, we cannot guarantee an error-free Site. Accordingly,
we must reserve the right at any time after receipt of your
order to accept or decline your order, or any portion thereof,
for any reason, even after your receipt of an order
confirmation. We reserve the right to limit the quantity of
items purchased and to prohibit sales to dealers. If a product
is listed at an incorrect price, we will have the right to
refuse or cancel orders placed for the product listed at the
incorrect price, regardless of whether the order has been
confirmed and/or your credit card charged. If your credit card
has already been charged for the purchase and your order is
canceled, we will promptly issue a credit to your credit card
account in the amount of the incorrect price. You will be
notified by email if this occurs.
Shipping Policy
We currently ship only to the contiguous 48 states of the United
States. To see our full policy
please see our
Shipping Policy.
Sales
Tax
All Virginia residents will be charged applicable sales tax.
Residents of other jurisdictions may be charged sales tax as
required by applicable law.
Order
Cancellation
You will be able to cancel your order before it has shipped by
phone or email. Once your order has shipped, you will not be
able to cancel your order, but may return your order in
accordance with our Return Policy.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS-IS” AND WITHOUT
WARRANTIES OF ANY KIND.
PRODUCTS MAY BE COVERED BY MANUFACTURERS’ WARRANTIES. WARRANTY
INFORMATION SHOULD BE INCLUDED WITHIN THE PRODUCT PACKAGE. THERE
ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED. WE DO NOT WARRANTY
A PRODUCT’S FITNESS FOR ANY SPECIFIC ACTIVITY, PURPOSE OR USE OR
ITS GENERAL MERCHANTABILITY. OUR LIABILITY FOR BREACH OF A
WARRANTY, IF ANY, IS LIMITED, AT OUR DISCRETION, TO REPAIR,
REPLACEMENT, OR REFUND OF THE PURCHASE PRICE AS DESCRIBED IN THE
TERMS OF SALE. IF YOU EXPERIENCE WARRANTY ISSUES AFTER OUR
RETURN PERIOD IN OUR RETURN POLICY, PLEASE CONTACT THE
MANUFACTURER DIRECTLY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATED ENTITIES OR
SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND
MATERIALS AVAILABLE FROM THE SITE.
WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVERS ARE FREE FROM
VIRUSES OR OTHER HARMFUL COMPONENTS.
THE LIMITATIONS DESCRIBED IN THIS SECTION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE
EXISTENCE OF ANY LIMITED REMEDY.
WE ARE NOT RESPONSIBLE FOR THE USE OR MISUSE OF ANY PRODUCT THAT
MAY CAUSE OR BE THE CAUSE OF ANY PERSONAL INJURY OR PROPERTY
DAMAGE. NONE OF OUR EMPLOYEES, ASSOCIATES, OR BUSINESS PARTNERS
WILL BE RESPONSIBLE FOR ANY CLAIMS OR DAMAGES, PERSONAL OR
OTHERWISE, DUE TO PROPER OR IMPROPER USE OF ANY PRODUCTS SOLD ON
THIS SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Return Policy
We are happy to receive returns for refunds or exchanges within
30 days after shipping, in accordance with the terms described
below. Merchandise that is returned for refund or exchange must
be in new and in unused condition. The original receipt and all
packaging must be returned with the merchandise for a full
refund of purchase price or exchange. We may reject your return
if any items are missing (such as instruction manuals or
accessories) or may charge a fee to replace those items.
Electronic items, DVDs, and certain other items will incur a 15%
restocking fee. All mouth calls are non-returnable. If you have
any questions about whether your item will incur a restocking
fee or is returnable, please call us directly 804-529-5634.
All items that you believe are defective are subject to our
inspection before a refund or exchange is approved. Defective
items must be accompanied by the original sales receipt and all
materials inside the package, including but not limited to
instruction manuals, accessories and parts. Defective DVDs will
be exchanged only for the same item within 30 days. Defective
electronic items should be sent directly to the manufacturer for
repair or replacement.
All returns require a return authorization from us. Before you
return an item to us please send us an email stating your reason
for a return. We will email you a return shipping label for you
to affix to the original box that your order came in. You will
then take the box to your nearest UPS Store and they will send
it to us. If you do not live near a UPS Store, then please call
UPS and request a pick-up and they will send it to us. All
unauthorized returns will not be accepted.
Children
This Site is designed for a general audience and we do not
knowingly collect information, of any kind, about children or
attempt to sell products to children. We will not knowingly
collect any information from or sell products to children under
the age of 13. If you are under 13, you must ask your parent or
legal guardian for help using our Site. You must be 18 or older
to purchase any items from our Site.
Electronic Communications
By accessing and using the Site you consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on the Site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communication be in writing.
License and Site Access
We grant you a limited, revocable license to make personal use
only of the Site. Such grant does not include, without
limitation: (a) any resale or commercial use of the Site or any
of the contents of the Site; (b) modification, adaptation,
translation, reverse engineering, decompilation, disassembly or
conversion into human readable form of any of the contents of
the Site, including use of or directly viewing the underlying
HTML or other code from the Site except as interpreted and
displayed in a web browser; (c) copying, imitating, mirroring,
reproducing, distributing, publishing, downloading, displaying,
performing, posting or transmitting any of the contents of the
Site in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording or otherwise;
(d) the collection and use of any product listings or
descriptions; (e) making derivative uses of the Site and any of
the contents of the Site; or (f) use of any data mining, bots,
spiders, automated tools or similar data gathering and
extraction methods, directly or indirectly, on the contents of
the Site or to collect any information from the Site or any
other user of the Site. We may terminate this license, the Site
or your access to it at any time and without notice.
Copyright and Trademarks
All content included in the Site, such as text, graphics, logos,
button icons, images, audio clips and software, is our property
or its content suppliers and protected by U.S. and international
copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on the Site is our
exclusive property and protected by U.S. and international
copyright laws. All software used on the Site is our property or
the property of our software suppliers and protected by U.S. and
international copyright laws. Permission is granted to
electronically copy and print hard copy portions of the Site for
the sole purpose of placing an order on the Site or using the
Site as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission,
republication, display or performance, of the content of the
Site is strictly prohibited.
All trademarks, logos, service marks and trade names are
proprietary to us or other respective owners that have granted
the Site the right and license to use such intellectual
property.
Registration, Accounts and Passwords
If you register and create an account on the Site you agree to
be solely responsible for: (i) maintaining the confidentiality
of passwords or other account identifiers which you choose, and
(ii) all activities that occur under such password or account
identifiers.
You agree to notify us of: (i) any loss of your password or
other account identifiers and (ii) any unauthorized use of your
password or other account identifiers. We will not be
responsible or liable, directly or indirectly, in any way for
any loss or damage of any kind incurred as a result of, or in
connection with, your failure to comply with this section of the
Terms of Use.
Product Information
Most products displayed on the Site are available in our retail
store while supplies last. In some cases, merchandise displayed
for sale on the Site may not be available in the store. The
prices displayed on the Site are quoted in U.S. dollars and are
valid and effective only in the United States. The particular
technical specifications and settings of your computer and its
display could affect the accuracy of its display of the colors
of products offered on the Site.
Hyperlinks
We make no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability
of web sites accessible by hyperlink from the Site, or web sites
linking to the Site.
Indemnification
You agree to defend, indemnify, and hold harmless R.W.Sports,
Corp. and our affiliates, subsidiaries and related entities and
their respective directors, officers, employees, and agents from
and against all claims, losses, damages, liabilities, and costs
(including but not limited to reasonable attorneys’ fees and
court costs, arising out of or relating to your breach of these
Site Terms or your access to or use of the Site. The foregoing
indemnification obligation shall survive termination of these
Site Terms and the Site and any product or service provided to
you arising out of or relating to your use of the Site.
Consent to Jurisdiction
You agree that the laws of the Commonwealth of Virginia, without
regard to principles of conflict of laws, will apply to all
actions, suits, proceedings and other matters arising out of or
relating to the Site. You also agree to submit to the exclusive
personal jurisdiction of the United States District Court for
the Eastern District of Virginia sitting in Richmond, Virginia,
and the state courts of the Commonwealth of Virginia sitting in
the County of Northumberland, Virginia, with respect to any such
action, suit or proceeding. You further agree not to commence
any such action, suit or proceeding in any other court and waive
any objection to such venue.
Disclosure of Information
You agree that we may disclose your personal information when
we, in good faith, believe disclosure is appropriate to comply
with the law, a court order or a subpoena. We may also disclose
your personal information to prevent or investigate a possible
crime, such as fraud or identity theft; to enforce or apply our
online Terms of Sale or other agreements; or to protect our own
rights or property or the rights, property or safety of our
users or others.
Updates to Legal Notice
We reserve the right to modify this legal notice at any time, so
please review it frequently. If we make changes to this notice,
we will notify you here, by email, or by means of a notice on
our home page. |