You're at the Athletes Brand Site ('Site'). Check out the following basic terms that govern your use of and purchase of products from the Athletes Brand Site. Please note that your use of the Athletes Brand's Site constitutes your agreement to follow and be bound by these terms (the 'Agreement').
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, graphics, sound, photos, music or other content (the "User Generated Content") to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Athletes Brand a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Athletes Brand and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Athletes Brand the right to pursue at law any person or entity that violates your or Athletes Brand's rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Athletes Brand is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Athletes Brand reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Athletes Brand is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Athletes Brand or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Athletes Brand from any claims that you could otherwise assert against Athletes Brand by virtue of any moral rights.
This site and all contents of the site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Athletes Brand shall not be liable for any damages of any kind related to your use of this site.
'ATHLETES BRAND' is a registered trademark, service mark, and/or trade name of Athletes Brand llc. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Athletes Brand disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Athletes Brand, except as necessary to accurately identify the products or services of Athletes Brand.
USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER INTERACTIVE AREAS
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the "Interactive Areas"). If Athletes Brand provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drug use, tobacco or firearms use;
- Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial sites;
- Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
- Material that communicates messages inconsistent with the positive good will of Athletes Brand; or
- Material that, in the sole judgment of Athletes Brand, is objectionable, or which may expose Athletes Brand or its users to any harm.
Athletes Brand takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Athletes Brand liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Athletes Brand is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Athletes Brand has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Athletes Brand reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Athletes Brand on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'Comments') shall be and remain Athletes Brand's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Athletes Brand of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Athletes Brand will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Athletes Brand is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Athletes Brand may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Athletes Brand may use your information for marketing and promotional purposes.
ATHLETES BRAND'S COMMUNICATIONS TO YOU
You agree that Athletes Brand may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Athletes Brand's products or services, or for such other purpose(s) as Athletes Brand deems appropriate.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. Only U.S. residents are eligible to win such contests, promotions, or giveaways at this time.
ATHLETE SPONSORED CONTESTS/PROMOTIONS
Athletes Brand assumes no responsibility and is not liable for fulfilling any contests, promotions, giveaways, sweepstakes or similar event that is advertised, sponsored or promoted by the athlete themselves. Any such event (hereby referred to as “contest”) is the sole responsibility of the athlete themselves to administer, including, but not limited to: prize fulfillment, winner selection and/or determining the eligibility of an individual.
RETURNS: If you are determined to be a recipient or winner during a contest (i.e. The first 100 shirts ordered will receive a prize from the athlete and the individual in question purchased the 93rd shirt that qualifies for that contest/promotion), there will be absolutely no returns allowed of the Athletes Brand shirt and/or product that was associated with the athlete’s contest or promotion. This is to uphold the integrity of both the athlete involved and keep Athletes Brand’s mission of helping athletes make a difference for others a priority. Any user deemed a winner or that is a recipient of a giveaway/prize during an athlete sponsored contest is subject to the above contest return policy.
To make a return go here: Returns Center.
MEMBER / SUBSCRIPTION CONTRACT TERMS
By purchasing an Athletes Brand member subscription, you acknowledge and agree that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Subscription must be paid in full upon order confirmation. Subscription fee includes all shipping and handling charges, but the member is responsible for paying any customs fees, sale or use taxes due to their purchase. An additional shipping fee may be administered for members not located in the contiguous United States. Athletes Brand memberships are only offered in the United States and Canada at this time. Membership is void where prohibited by law.
Subscription Renewal and Extension
Your subscription will be automatically extended for successive periods, at the then-current subscription rate. Charges for the next installment of your plan occur on the same day of the month that your initial enrollment occurred, per your selected billing structure (monthly or annually).
For example, someone who becomes a new member on 1/1/2018 and selects a month-to-month billing structure should expect to be billed next on 2/1/2018. Those who select annual billing will be charged on the same date of joining, in the following year. A new member who subscribes and selects annual billing on 3/3/2018 should expect to pay the full amount of the annual subscription at that time, and would not be billed next until 3/3/2019, at which point they would get billed for the entirety of another annual installment for the membership.
Athletes Brand may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement.
To cancel your subscription at any time, you must do one of the following:
At least 48 hours prior to your next scheduled renewal date to avoid charge:
- E-mail Athletes Brand (email@example.com) stating that you wish to cancel your membership pack.
- Sign-in to your member profile that houses your subscription, and confirm their decision by selecting the cancel subscription option.
If a member fails to provide notice of subscription cancellation prior to 48 hours of billing date, Athletes Brand reserves the right to proceed with the next renewal of membership.
Soft membership cancellation: Memberships will be canceled after the most recently paid month is fulfilled. If a member has already paid for the current month’s pack but has yet to receive it, the member will be sent that month’s package and that will be that final pack that they will receive and have been billed for. Refunds for any already processed charges will not be honored. This is called a soft membership cancellation because there is still an obligation by one party to the other (i.e. A member paid for the current month’s pack, but it hasn’t been fulfilled yet, OR the current month pack has been sent to the member, but the member’s billing date for the month has not yet been reached – so he/she has an obligation to pay).
Example – Soft cancellation: Molly became a member on 3/8/18 with a month-to-month billing structure. On 9/12/18, Molly decides she would like to cancel her membership. She has not been notified of her September member pack shipping at this time. Since she would have been charged on 9/8/18 for her September pack, and has already paid for September’s pack, this will be the last pack that she receives in her subscription, and the September pack will be fulfilled. Once it is fulfilled, Molly’s subscription is terminated immediately.
Hard membership cancellation: Memberships may be canceled immediately if the member has given notice at least 48 hours in advance of being charged for the current month AND if the current month’s pack has not already been fulfilled.
Example – Hard cancellation: Marcus became a member on 3/22/18 with a month-to-month billing structure. On 9/6/18, Marcus has not been notified of his member pack shipping for the month. He decides he would like to cancel his membership and e-mails Athletes Brand confirming as such. Since he was scheduled to have been charged on 9/22/18 for his September pack (thus giving the required 48 hour notice), Marcus’ subscription ends immediately and he will NOT be charged for the September member pack, nor will he receive it.
Upon cancelling your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. This is true of both monthly or annual billing structures. We reserve the right to revoke your subscription at any time. Please note memberships may only be canceled by the registered user or the holder of the valid credit card on file pertaining to the membership in question.
Changing Membership Tiers
If a member would like to adjust their current membership tier (up or down), the membership level change will take place in the following month, whether the customer has been charged or not, regardless of the current month’s pack has been fulfilled or not. The reason for this is because our packs are custom-made and many items (especially those in the more exclusive member packs, like the Legend Member tier) are acquired in an “at-need” basis, and are not easily obtained.
Member / Subscriber Pack Returns
There are no returns for monthly member packs for two reasons. One, they are put together individually, with a specific member in mind. Secondly, each of our packs sees a portion of its cost get donated to a cause and by the time the member receives and opens the pack, the money will have already been donated.
Undeliverable Member Packs
Athletes Brand is not responsible for incorrectly entered shipping addresses or for changes of address. Please be sure that you enter the correct address when you sign up for your subscription and include applicable apartment or suite numbers. Please notify us well in advance of any expected address changes.
Member / Subscriber Discount Codes
As a member, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, or edit discount codes received on or from Athletes Brand, unless given explicit, written permission. Member discount codes are strictly for the sole use of the member that the subscription service is registered to. Any abuse or lack of adherence to this policy may result in temporary or permanent suspension of a member’s subscription service, at the discretion of Athletes Brand personnel.
All Athletes Brand products displayed at the Site are available for a limited time. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort we can to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and resources. You acknowledge that (A) Athletes Brand is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Athletes Brand is not responsible for any other form of transmission received from any linked site. Athletes Brand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Athletes Brand of the site. Any concerns regarding any such link should be directed to the particular third party website.
CUSTOMS, DUTIES, AND TAXES
You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from AthletesBrand.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
From time to time there may be information on AthletesBrand.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your AthletesBrand.com purchase, you may return it with your invoice to Athletes Brand. Please see our Return Policy below for details.
This Agreement is effective unless and until terminated by either you or Athletes Brand. You may terminate this Agreement at any time. Athletes Brand also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Athletes Brand's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Athletes Brand, 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 of this Agreement or otherwise.