All orders that you place on this website (“Orders”) are offers by you to purchase Products in accordance with these Terms. 902 Sports may accept your offers by shipping the Products or by sending you confirmations of the Orders. While 902 Sports will make reasonable efforts to fill complete Orders, you agree that 902 Sports can make partial shipments on your Orders, in which case each shipment will be a separate transaction. Any Orders that you make after any change in these Terms will be subject to the changed Terms.
Prices and Payment
All prices quoted or otherwise specified by 902 Sports are in U.S. dollars and are subject to change without notice. Prices do not include sales taxes or charges for shipping and handling. Shipping and handling charges and any sales taxes 902 Sports is required to collect will be added to the required payment. Payment in full is required before 902 Sports will ship products on any Order, unless 902 Sports agrees in writing in its sole discretion to extend you credit. If 902 Sports extends credit, you agree to pay 902 Sports in a timely manner in accordance with the credit terms, without offset or deduction, even if you claim that the Products breach the Limited Warranty or any other provision of these Terms. 902 Sports may cease giving you credit at any time for any reason or no reason. 902 Sports may charge interest on past due amounts at the rate of one and one-half percent (1½%) per month or the maximum rate allowed by law, whichever is less. Delinquent accounts (those with unpaid invoices over 90 days old) may be referred to an outside collection agency and/or attorney, and you will be required to pay all associated collection expenses, including agency fees, attorneys’ fees, and court costs.
Shipping and Handling
902 Sports will arrange for shipping the Products to you. Title to the Products and risk of loss pass to you upon our delivery of the products to the shipper. You agree to pay all shipping and handling charges specified during the ordering process. Shipping times are estimates only and are not guaranteed. 902 Sports is not liable for any shipping delays. Any changes you make to accepted Orders before shipment may cause shipping delays and result in new shipping dates. All sales are final on shipment, except for authorized product returns.
902 SPORTS WILL ALLOW YOU TO RETURN PRODUCTS FOR A FULL REFUND, LESS SHIPPING AND HANDLING CHARGES, WITHIN 30 DAYS OF SHIPMENT OF THE PRODUCTS, PROVIDED THAT THE PRODUCTS ARE RETURNED UNDAMAGED, IN THEIR ORIGINAL PACKAGING, AND UNOPENED. EXCEPT AS PROVIDED ABOVE, YOUR SOLE REMEDY FOR PRODUCTS THAT DO NOT MEET THE MANUFACTURER’S LIMITED WARRANTY SHALL BE, AT 902 SPORTS’ OPTION, EITHER RETURN AND REPLACEMENT OF THE PRODUCTS OR A REFUND OF THE PURCHASE PRICE, PLUS SHIPPING AND HANDLING CHARGES.
Medical Information Disclamer
This website may contain information relating to the Products, such as tests, studies, reports, and testimonials. Although this kind of information may appear on this website, it is not intended to diagnose, treat, or cure any medical condition that you or any Product user may have. This information is provided for informational purposes only and is not meant as a substitute for the advice of a doctor or other medical professional. ALWAYS CONSULT WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL ABOUT ANY MEDICAL CONDITION YOU MAY HAVE OR ANY MEDICAL TREATMENT YOU MAY BE CONSIDERING. 902 Sports will not be responsible or liable for any damage, loss, injury, or death that you or anyone else may experience relating to the misuse of the Product information or other information contained on this Website.
Other Disclaimers and Limitations
- EXCEPT AS EXPRESSLY PROVIDED IN THE RETURN POLICY IN PARAGRAPH 4, 902 SPORTS PROVIDES ALL PRODUCTS “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF 902 SPORTS KNOWS OF SUCH PURPOSE) ARE HEREBY DISCLAIMED.
- IN NO EVENT SHALL 902 SPORTS OR ITS MANUFACTURERS OR SUPPLIERS BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. FURTHERMORE, THE MAXIMUM LIABILITY OF 902 SPORTS, ITS MANUFACTURERS AND SUPPLIERS, ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER ARISING FROM ANY CLAIM(S) BASED ON BREACH OF CONTRACT, TORT, PRODUCTS LIABILITY, STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE ACTUAL AMOUNTS PAID TO 902 SPORTS FOR THE APPLICABLE PRODUCTS OR $100, WHICHEVER AMOUNT IS GREATER. MOREOVER, ALL OF THE LIMITATIONS, DISCLAIMERS, AND RESTRICTIONS CONTAINED IN PARAGRAPHS 4, 5, AND 6 OF THESE TERMS SHALL BE ENFORCED EVEN IF THEY CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. THOSE LIMITATIONS, DISCLAIMERS, AND RESTRICTIONS ARE A MATERIAL PART OF THE CONSIDERATION BARGAINED FOR BY THE PARTIES, AND 902 SPORTS’ PRICES REFLECT THAT BARGAIN.
B. Appropriate Age. You represent and warrant that you are at least 18 years of age and that you are aware of no prohibition against you purchasing Products from this website.
C. Successors and Assigns. These Terms shall be binding on and inure to the benefit of you, the customer, and 902 Sports, and each of our successors and permitted assigns.
D. Compliance with Laws. Each party agrees to comply with all federal, state, and local laws applicable to its performance of these Terms.
E. Indemnity. You agree to indemnify, and hold harmless 902 Sports, its directors, officers, employees, agents, suppliers, co-branders, parents, affiliates, and third party partners (the “902 Sports Indemnitees”) from and against all losses, liabilities, damages, disputes, and expenses, including all legal fees resulting from your violation of these Terms.
F. Non-Waiver. Any failure or delay by either party to exercise or partially exercise any right, power or privilege under these Terms shall not be deemed a waiver thereof.
G. Severability. If a court of competent jurisdiction finds any provision of these Terms to be void, invalid, illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent necessary to eliminate its violability, invalidity, illegality, or unenforceability, and the other provisions hereof shall remain unaffected. Any void, invalid, illegal, or unenforceable provision will be replaced by the parties by a legal and enforceable closest in operation and effect to the void, invalid, illegal, or unenforceable provision.
H. Force Majeure. A party’s failure to perform in timely fashion shall not be a breach of these Terms if such failure to perform results from circumstances beyond the party’s reasonable control, including, but not limited to, labor disputes, civil disturbances, acts or non-actions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, Internet outage, Acts of God, or default of a common carrier. This provision shall not apply, however, to your payment obligations to 902 Sports.
I. Governing Law. These Terns shall be governed by and interpreted in accordance with the laws of the State of Utah, excluding its conflicts of law rules. Exclusive jurisdiction and venue for any disputes arising or relating to these Terms shall be in the federal and state courts sitting in Salt Lake County, Utah, and each party irrevocably consents to such jurisdiction and venue. The party that substantially prevails in any action brought with respect to these Terms shall be entitled to recover, in addition to other relief, its costs and reasonable attorneys’ fees. YOU AND 902 SPORTS IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY AND ALL ACTIONS BROUGHT UNDER OR WITH RESPECT TO THESE TERMS.
J. Entire Agreement. These Terms constitutes the entire agreement between you and 902 Sports and supersedes all written and oral communications, agreements, representations, warranties, statements, negotiations, understandings, and proposals between you and 902 Sports.