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Terms and Conditions
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 All Spirit Sports. The collective work includes works that are licensed to All Spirit Sports. Copyright 2009, All Spirit Sports 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 All Spirit Sports or purchasing All Spirit Sports products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with All Spirit Sports or to purchase All Spirit Sports 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 All Spirit Sports. 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 All Spirit Sports used in the site are trademarks or registered trademarks of All Spirit Sports. Products represented in the All Spirit Sports online store are licensed, patented and/or trademarked by the respective manufacturer and/or sports organization. Reproduction, copying, faxing, printing or any other use of products, pictures, or descriptions is strictly prohibited. All Spirit Sports and www.AllSpiritSports.com are trademarks and protected by US Trademark and Patent Law. http://www.uspto.gov/faq/trademarks.jsp#DefineTrademark
Limitation of Liability
All Spirit Sports 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 All Spirit Sports 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.
Typographical Errors
In the event that a All Spirit Sports product is mistakenly listed at an incorrect price, All Spirit Sports reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. All Spirit Sports 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, All Spirit Sports shall issue a credit to your credit card account in the amount of the incorrect price.
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 All Spirit Sports 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
All Spirit Sports 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 All Spirit Sports.
Miscellaneous
Use of this site shall be governed in all respects by the laws of the state of California, 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 All Spirit Sports products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of All Spirit Sports products) must be commenced within one (1) year after the claim or cause of action arises. All Spirit Sports’ 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. All Spirit Sports 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 a All Spirit Sports 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
All Spirit Sports does not and cannot review all communications, comments, pictures or other representation 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, All Spirit Sports 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, All Spirit Sports 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 All Spirit Sports in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless All Spirit Sports, 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, All Spirit Sports may link to sites operated by third parties. However, even if the third party is affiliated with All Spirit Sports, All Spirit Sports has no control over these linked sites, all of which have separate privacy and data collection practices, independent of All Spirit Sports. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, All Spirit Sports 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).
Warranty Disclaimer
The Inflatable Images airLites are backed by the manufacturer warranty as to the workmanship and materials. No warranties written or expressed apply to damage to the product from weather, vandalism, abuse, or use outside of the manufacturer recommended instructions. Should your inflatable be missing a part or incomplete upon initial you should contact customer service via the contact form on the www.AllSpiritSports.com website. All sales are final. Please read the full manufacturer instructions for use, care and warranty disclosure upon receipt before using the product.
Return Policy
If a product is defective on receipt a return authorization must be obtained by contacting customer service. In the event a return authorization is granted for a covered warranty issue, customer must pack the airLite inflatable in the original container. Once customer service inspects the returned product they will advise you on the replacement or repair. No warranties apply outside of 60 days from date of purchase. Shipping for returns are paid by the customer. Always get a tracking number and receipt for your records.
Shipping Terms
The standard shipper of choice is FedEx ground. Once your order is placed, it is processed and shipped direct from the factory or store location to the shipping address you specify. Make sure your shipping address is complete and correct. The product is packaged in a shelf ready sealed box and placed in a shipping box to protect the contents in transit. You may designate other shipping options in the shopping cart. Once the product is shipped All Spirit Sports does not guarantee a specific delivery date. If you have not received your product in 10 business days please contact customer service thru the contact phone and email on www.AllSpiritSports.com website. Any claims for damages to your product during shipping must be made directly with the shipper. See shipper’s terms in regards to submission of claims.
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