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Terms of Service

Terms of Service

TERMS AND CONDITIONS OF USE

 

Introduction: This site is provided by Jimmy Trlicek & Associates, Inc. d/b/a SportsFrames.com (hereinafter and on this site referred to as "SportsFrames.com") as a service to our customers. Please review the following basic rules that govern your use of the SportsFrames.com site (hereinafter referred to as “Site”). Your use of the SportsFrames.com site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. Although you may bookmark a particular portion of this Site and thereby bypass Terms and Conditions of Use, your use of this Site still binds you to these Terms and Conditions of Use. SportsFrames.com reserves the right to update or modify these Terms and Conditions of Use at any time without any prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Site.

Security of this Site: You are prohibited from violating or attempting to violate the security of this Site or exceeding the permitted access to this Site, including but not limited to (a)accessing data not intended for such user or logging onto a server or an account which the user is not authorized to use or access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service of any user, host or network, including, but not limited to, via means of submitting a virus to this Site, or “overloading”, "flooding," or "spamming,"; or (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SportsFrames.com 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. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, automate what are otherwise manual processes or to catalog any information on this Site.

Use of this Site: By accepting these Terms and Conditions of Use during your use of this Site, you certify that you are at least eighteen years of age. If you are under the age of eighteen but at least twelve years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, please do not use this Site. All billing, registration and customer information provided by you must be truthful and accurate. Providing any untruthful or inaccurate information could constitute a breach of these Terms and Conditions of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased.

All materials, including but not limited to images, text, illustrations, designs, icons, photographs, programs, video clips and other written or digital materials that are part of this Site (collectively the "Content") are intended for your personal use only and may not be used for any commercial purposes. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, except as noted above, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software. All software used on this Site is the property of SportsFrames.com or its suppliers and protected by U.S. and international copyright laws. The Content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that SportsFrames.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Order Acceptance: There may be certain orders that we are unable to accept and must cancel, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited, to, limitations on quantities available for purchase, inaccuracies or errors in product, description or pricing information, or any problem identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased, however, at times items are lost or stolen, damaged or recalled by a distributor, supplier, team or athlete. If for any reason we are unable to deliver the item you have purchased, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Sports Equipment: All products on this Site consisting of sports equipment are not intended for use in connection with any physical activity or playing any sport. Any sports equipment sold on this Site is to be used for collectible and display purposes only.

Pricing Information and Quantity Limits: While SportsFrames.com strives to provide accurate product and pricing information, typographical errors may occur. SportsFrames.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SportsFrames.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced or has an error in the description or listing, SportsFrames.com may, at our sole discretion, contact you for instructions to cancel your order or cancel your order and notify you of such cancellation.

SportsFrames.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same SportsFrames.com account, the same credit card, or to orders that use the same billing or shipping address. We will provide notification to the customer if these limits are applied.

Promotions & Promotional Rules And Conditions: SportsFrames.com regularly features special sales, savings, promotions and incentives.  Promotions are by default, limited to one of each item available per person, or as specified in the specific terms expressly stated as a part of a particular promotion.  This Site may initially accept an order which violates these terms or conditions, and in those cases, and at SportsFrames.com’s sole discretion, we reserve the right to limit, modify or cancel any order(s) or transaction(s) which purposely or accidentally violates the aforementioned terms of any promotion.

Images and Colors: We have made every effort to display the images and colors of our products that appear on this Site as accurately as possible. However, as the actual images and colors you see will depend on your monitor or device, we cannot guarantee that your monitor’s or device’s display of any color or image will be accurate.

Indemnification: By using this Site, you agree to defend, indemnify and hold harmless Sportsframes.com, its parent companies, partnerships and affiliates from and against any and all claims, damages, costs and expenses, including but not limited to, attorneys’ fees, arising from or related to your use of this Site, your breach of these Terms and Condition of Use or your use of any item purchased on this Site.

Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SPORTSFRAMES.COM OR ANY OF ITS PARENT COMPANIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, 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 OF OR INABILITY TO USE THE SPORTSFRAMES.COM WEB SITE, 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 SPORTSFRAMES.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPORTSFRAMES.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $100, WHICHEVER IS LESS.

Governing Law: The laws of the State of Texas shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAYETTE COUNTY, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMSAND CONDITIONS OF USE OR YOUR ACCESS OR USE OF THIS SITE. Any claims asserted by you must be asserted in writing to SportsFrames.com within one year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Severability: If any part of these Terms and Conditions of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective, but shall not affect any other part of these Terms and Conditions of Use.

Waiver and Remedies: The failure of SportsFrames.com to partially or fully exercise any rights or the waiver of SportsFrames.com of any breach of these Terms and Conditions of Use by you, shall not prevent a subsequent exercise of such right by SportsFrames.com or be deemed a waiver by SportsFrames.com of any subsequent breach by you of the same or any other term of these Terms and Conditions of Use. The rights and remedies of SportsFrames.com under these Terms and Conditions of Use and any other applicable agreement between you and SportsFrames.com shall be cumulative, and the exercise of any such right or remedy shall not limit SportsFrames.com’s right to exercise any other right or remedy.

International Access: The Site is provided from the United States of America (“USA”) and all servers that make it available reside in the USA. The laws of other countries may differ regarding the access and use of this Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the USA.

Gift Certificate Usage: Any Gift Certificate ordered through this Site is issued by SportsFrames.com and is redeemable for merchandise only on this Site unless otherwise required by applicable law. This Gift Certificate may not be used for payment on any credit card account, to purchase another Gift Certificate or toward previously purchased merchandise. If this Gift Certificate is lost, stolen or destroyed, SportsFrames.com may replace it if you provide the certificate number. A replacement Gift Certificate will be the value of the Gift Certificate at the time SportsFrames.com receives your report of loss, theft or unauthorized use.

Termination: These Terms and Conditions of Use are effective unless and until terminated by SportsFrames.com. SportsFrames.com may deny you access to this Site, if in SportsFrames.com sole discretion you fail to comply with any term or provision of these Terms and Conditions of Use. Upon any termination of the Terms and Conditions Use Agreement by SportsFrames.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions of Use or otherwise. SportsFrames.com’s right to any Comments shall survive any termination of Terms and Conditions of Use Agreement. Notwithstanding any termination, these Terms and Conditions of Use will continue to apply to any purchases made on the Site or use of the Site prior to such termination.

Disclaimer: THIS SITE IS PROVIDED BY SPORTSFRAMES.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTSFRAMES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPORTSFRAMES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SPORTSFRAMES.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SPORTSFRAMES.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

 

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