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General Information
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the following terms
and conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Elevation, Inc.
The collective work includes works that are licensed to Elevation, Inc.
Copyright 2011, Elevation, Inc. ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Elevation, Inc. or purchasing Elevation, Inc.
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by Elevation, Inc. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names of Elevation, Inc.
used in the site are trademarks or registered trademarks of Elevation, Inc.
Elevation, Inc. assumes no responsibility for
determining the proper ownership or proper use of trademarks, logos, and trade
names. All liabilities of this nature rest with the Customer. Customers placing
orders with Elevation, Inc. represent and warrant that they have the authority
to order, purchase, and distribute the product with trademarks, trade names and
logos (“artwork”) specified on the order, and that the use or display of the
artwork will not violate any laws or Customer restrictions.
Customers further represent and
warrant that they will indemnify, defend, and absolve Elevation, Inc., its
affiliates and licensors from and against any and all claims, liabilities and
expenses, including attorneys’ fees, arising out of or related to any actual or
alleged infringement or misappropriation of any copyright, trademark, or other
proprietary rights or merchandise, which indemnification shall remain in effect
after delivery of Customer’s merchandise.
The designs or depictions embodied
in the products depicted in this catalog are the property of Elevation, Inc.
and/or its affiliates and licensors, and are protected under federal and
international patent, trademark and copyright laws. Any use of these designs or
depictions without the express written consent of Elevation, Inc. is
prohibited. Purchase of products through this website or our product catalog
does not constitute a license of any intellectual property between Elevation,
Inc. and Customer.
The use of third-party logos, trademarks, and trade names on products on this
website or in published materials or catalog are for illustrative purposes to
represent Elevation, Inc.’s expertise in factory printing and design
capabilities. Such use does not imply an endorsement or association between
Elevation, Inc. and any third-party, nor does it indicate that the product has
been used or purchased by any third party. Products featuring these designs are
not for sale to anyone other than authorized representatives of the owners of
the logos, trademarks, trade names and artwork.
Elevation,
Inc. reserves the right to photograph or show as samples the items produced by
Elevation, Inc. without liability as to trademark, copyright, or other
proprietary rights, and Customers placing orders with Elevation, Inc. consent
to such use. The “Elevation Lacrosse” name and logo are trademarks of
Elevation, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Elevation, Inc.
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Elevation, Inc. does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Elevation, Inc. does
not make any warrantees or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Elevation, Inc. shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Elevation, Inc. has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Elevation, Inc. makes no warranties
as to the performance or marketability of any items for sale on this site or in
published materials or catalog, other than such products will be free of
defects. Customer agrees to indemnify and hold harmless Elevation, Inc. from
and against any and all claims and expenses, including attorneys fees, arising
out of or related in any way to Customer’s use of the products or services
provided through this catalog, including loss due to delay of orders or
shipments, which said indemnification shall remain in effect after delivery of
Customer’s merchandise.
Typographical Errors
In the event that an Elevation, Inc. product is mistakenly listed
at an incorrect price, Elevation, Inc. reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Elevation, Inc.
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Elevation,
Inc. shall issue a credit to your credit card account in the amount of the
incorrect price.
Prices and products offered through
our website and catalog are subject to change without notice. By placing an
order with Elevation, Inc. for any product in this catalog or website, Customer
agrees to all terms and conditions.
Term;Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated by Elevation,
Inc. without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Elevation, Inc. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Elevation, Inc. Please add *@elevationsports.com to your
allowed senders email list.
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of the state of Indiana, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Elevation, Inc. products) shall
be in the state or federal courts located in St. Joseph County, Indiana. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of Elevation, Inc. products) must be commenced
within one (1) year after the claim or cause of action arises. Elevation,
Inc.'s failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Elevation, Inc. may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including an Elevation, Inc. or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Elevation, Inc. does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You acknowledge
that by providing you with the ability to view and distribute user-generated
content on the site, Elevation, Inc. is merely acting as a passive conduit for
such distribution and is not undertaking any obligation or liability relating
to any contents or activities on the site. However, Elevation, Inc. reserves
the right to block or remove communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Elevation,
Inc. in its sole discretion.
Billing
Please note that upon order completion, you will receive notification regarding
the confirmation of your order. We may from time to time contact
Customers to verify details of their order. Payment must be submitted
upon order entry (except as otherwise noted).
Once a custom order has been
accepted it cannot be cancelled. Custom orders and custom imprinted items, are
made to your specific requirements and cannot be returned. Damaged, defective,
or misprinted product may be returned for replacement or credit within 30 days
of shipment. Product being returned may incur a restocking fee. Fees will be
assessed at the time of return and are dependent on brand and quantity. Please
contact customer service at 800.750.1572 for return process instructions.
Indemnification
You agree to indemnify, defend, and hold harmless Elevation, Inc., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Elevation,
Inc. may link to sites operated by third parties. However, even if the third
party is affiliated with Elevation, Inc., Elevation, Inc. has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Elevation, Inc. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
Elevation, Inc. seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
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