Olympia Sports reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, suspending or terminating access to the Site, suspending or terminating any Olympia Sports accounts and/or cancelling any order for products.
2. Use of Web Site
You will not use the Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.
3. Copyright and Trademarks
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by Olympia Sports and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Olympia Sports. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without Olympia Sports' written permission or the written permission of such third-party owner.
4. User Communications
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Olympia Sports will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify Olympia Sports of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice. Additionally, we may cancel any order placed through the Site at any time in our sole discretion.
7. Purchasing Products; Returns
All products purchased from the Site are delivered pursuant to a shipment agreement to the address designated by the purchaser. Accordingly, the risk of loss and title to such purchased products pass to you upon our delivery to a commercial carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Site will be accurate, complete, reliable or error-free. If a product purchased on the Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.
The price for any item purchased from the Site is not confirmed until your order is accepted by Olympia Sports. Although we strive to make our Site pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Site.
We stand behind the products we sell and the service that we provide to our customers and aim for complete satisfaction. Customer service and satisfaction is at our core so if you are not happy with your purchase for any reason we will do our best to make it right. Please see our Return Policy for additional information.
8. Pricing Policy
We may offer products on-line at the same price at which they are offered in Olympia Sports stores, and our promotions may follow those that you'll find in the Olympia Sports stores. However, in some cases, the prices will be different because the Site and stores may choose to offer items at different prices or may run different promotional events at different times. Additionally, we may offer a product, price or promotion at the Site that is not available in the stores.
We typically display the original manufacturer’s suggested retail price (MSRP) and when applicable the current, reduced purchase price on the Site. A strikethrough is used to identify merchandise marked down from the original MSRP. Strikethrough prices are not necessarily the former price for the product. Intermediate markdowns from the original MSRP price may have been taken.
While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description.
We reserve the right to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
This Site may contain links to other web sites that are not owned, operated or controlled by Olympia Sports or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.
If you intend to create any link from another web site to any page on this Web Site, you will inform us via email at: firstname.lastname@example.org. We reserve the right to prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable Olympia Sports policies. Running or displaying the Site or any Content in frames or similar means on another web site without our prior written permission is prohibited.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, OLYMPIA SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
OLYMPIA SPORTS MAKES NO WARRANTY THAT THE SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
OLYMPIA SPORTS DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. Limitations of Liability
IN NO EVENT WILL OLYMPIA SPORTS BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR CONTENT OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR SITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Governing Law; Disputes; Arbitration; Class Action Waiver
YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST OLYMPIA SPORTS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.
14. Remedies for Breach of these Terms by You
If your ability to access and/or use the Site or any other service provided to you by Olympia Sports is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by Olympia Sports, through use of a different member name or otherwise.
15. Copyright Complaints
We respect the intellectual property of others, and we expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
Attn: Website Copyright Inquiry
231 Milwaukee St. Suite 200
Denver, CO 80206
Note: Please do not send returns to this address.
or, via e-mail to: email@example.com
All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. The Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Site; and (iii) the consequences of any use of the Site by such Minor. Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise web site http://www.getnetwise.org/ <LINK> (GetNetWise is not owned, operated, endorsed by or affiliated with Olympia Sports).
18. Contact Us
We welcome your comments and questions. Please contact us at:
Attn: Website Inquiries
231 Milwaukee St. Suite 200
Denver, CO 80206