PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE.
YOUR USE OF THIS WEB SITE
CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING
TERMS AND CONDITIONS. IF YOU
DO NOT ACCEPT THESE TERMS
AND CONDITIONS, DO NOT USE
THIS WEB SITE.
1. Products,
Content and Specifications.
All features, content, specifications,
products and prices of products
and services described or
depicted on this Web Site
are subject to change at any
time without notice. Certain
weights, measures and similar
descriptions are approximate
and are provided for convenience
purposes only. We make all
reasonable efforts to accurately
display the attributes of
our products, including the
applicable colors; however,
the actual color you see will
depend on your computer system
and we cannot guarantee that
your computer will accurately
display such colors. The inclusion
of any products or services
in this Web Site at a particular
time does not imply or warrant
that these products or services
will be available at any time.
It is your responsibility
to ascertain and obey all
applicable local, state, federal
and international laws (including
minimum age requirements)
in regard to the possession,
use and sale of any item purchased
from this Web Site. By placing
an order, you represent that
the products ordered will
be used only in a lawful manner.
2. Shipping
Limitations. When an order
is placed, it will be shipped
to an address designated by
the purchaser as long as that
shipping address is compliant
with the shipping restrictions
contained on this Web Site.
All purchases from this Web
Site are made pursuant to
a shipment contract. As a
result, risk of loss and title
for items purchased from this
Web Site pass to you upon
delivery of the items to the
carrier. You are responsible
for filing any claims with
carriers for damaged and/or
lost shipments.
3. Accuracy of Information.
PSC attempts to ensure that
information on this Web Site
is complete, accurate and
current. Despite our efforts,
the information on this Web
Site may occasionally be inaccurate,
incomplete or out of date.
We make no representation
as to the completeness, accuracy
or latest of any information
on this Web Site. For example,
products included on the Web
Site may be unavailable, may
have different attributes
than those listed, or may
actually carry a different
price than that stated on
the Web Site. In addition,
we may make changes in information
about price and availability
without notice. While it is
our practice to confirm orders
by e-mail, the receipt of
an e-mail order confirmation
does not constitute our acceptance
of an order or our confirmation
of an offer to sell a product
or service. We reserve the
right, without prior notice,
to limit the order quantity
on any product or service
and/or to refuse service to
any customer. We also may
require verification of information
prior to the acceptance and/or
shipment of any order.
4. Use of this Web
Site. The Web Site design
and all text, graphics, information,
content, and other material
displayed on or that can be
downloaded from this Web Site
are either the property of,
or used with permission by,
PSC or and are protected by
copyright, trademark and other
laws and may not be used except
as permitted in these Terms
and Conditions or with the
prior written permission of
the owner of such material.
You may not modify the information
or materials located on this
Web Site in any way or reproduce
or publicly display, perform,
or distribute or otherwise
use any such materials for
any public or commercial purpose.
Any unauthorized use of any
such information or materials
may violate copyright laws,
trademark laws, laws of privacy
and publicity, and other laws
and regulations. You are responsible
for maintaining the confidentiality
of your account information
and password and for restricting
access to such information
and to your computer. You
agree to accept responsibility
for all activities that occur
under your account or password.
5. Trademarks.
Certain trademarks, trade
names, service marks and logos
used or displayed on this
Web Site are registered and
unregistered trademarks, trade
names and service marks of
PSC and its affiliates. Other
trademarks, trade names and
service marks used or displayed
on this Web Site are the registered
and unregistered trademarks,
trade names and service marks
of their respective owners,
including and its affiliates.
Nothing contained on this
Web Site grants or should
be construed as granting,
by implication, estoppels,
or otherwise, any license
or right to use any trademarks,
trade names, service marks
or logos displayed on this
Web Site without the written
permission of PSC or such
third party owner.
6. Linking to this
Web Site. Creating or maintaining
any link from another Web
site to any page on this Web
Site without PSC's prior written
permission is prohibited.
Running or displaying this
Web Site or any material displayed
on this Web Site in frames
or through similar means on
another Web site without PSC's
prior written permission is
prohibited. Any permitted
links to this Web Site must
comply with all applicable
laws, rule and regulations.
7. Third
Party Links. From time to
time, this Web Site may contain
links to Web sites that are
not owned, operated or controlled
by PSC, , or their affiliates.
All such links are provided
solely as a convenience to
you. If you use these links,
you will leave this Web Site.
Neither PSC, nor any of their
affiliates are responsible
for any content, materials
or other information located
on or accessible from any
other Web site. Neither PSC,
nor any of their affiliates
endorse, guarantee, or make
any representations or warranties
regarding any other Web site,
or any content, materials
or other information located
or accessible from such Web
sites, or the results that
you may obtain from using
such Web sites. If you decide
to access any other Web site
linked to or from this Web
Site, you do so entirely at
your own risk.
8. Inappropriate
Material. You are prohibited
from posting or transmitting
any unlawful, threatening,
defamatory, libelous, obscene,
pornographic or profane material
or any material that could
constitute or encourage conduct
that would be considered a
criminal offense or give rise
to civil liability, or otherwise
violate any law. In addition
to any remedies that PSC and
may have at law or in equity,
if PSC reasonably determines
that you have violated or
are likely to violate the
foregoing prohibitions, PSC
may take any action they reasonably
deem necessary to cure or
prevent the violation, including
without limitation, the immediate
removal from this Web Site
of the related materials.
PSC will fully cooperate with
any law enforcement authorities
or court order or subpoena
requesting or directing PSC
to disclose the identity of
anyone posting such materials.
9. User
Information. Other than personally
identifiable information,
which is subject to this Web
Site's Privacy Policy, any
material, information, suggestions,
ideas, concepts, know-how,
techniques, questions, comments
or other communication you
transmit or post to this Web
Site in any manner ("User
Communications") is and
will be considered non-confidential
and non-proprietary. PSC,
each of its affiliates and/or
their designees may use any
or all User Communications
for any purpose whatsoever,
including, without limitation,
reproduction, transmission,
disclosure, publication, broadcast,
development, manufacturing
and/or marketing in any manner
whatsoever for any or all
commercial or non-commercial
purposes. PSC may, but is
not obligated to, monitor
or review any User Communications.
PSC shall have no obligations
to use, return, review, or
respond to any User Communications.
PSC 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.
PSC retains the right to remove
any or all User Communications
that includes any material
PSC deems inappropriate or
unacceptable.
10. DISCLAIMERS.
YOUR USE OF THIS SITE IS AT
YOUR RISK. THE MATERIALS AND
SERVICES PROVIDED IN CONNECTION
WITH THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER PSC, NOR
ANY OF THEIR AFFILIATES WARRANT
THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR SERVICES
ON OR THROUGH THIS WEB SITE.
THE MATERIALS AND SERVICES
ON OR THROUGH THIS WEB SITE
MAY BE OUT OF DATE, AND NEITHER
PSC, NOR ANY OF THEIR AFFILIATES
MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH MATERIALS
OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES
PURCHASED ON OR THROUGH THIS
WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS,
IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE
LAW, PSC AND HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES
WITH RESPECT TO THE PRODUCTS
AND SERVICES LISTED OR PURCHASED
ON OR THROUGH THIS WEB SITE.
WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, PSC AND
HEREBY EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION.
WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS
ACT. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS
OF LIABILITY. PSC does not
assume any responsibility,
and shall not be liable for,
any damages to, or viruses
that may infect, your computer,
telecommunication equipment,
or other property caused by
or arising from your access
to, use of, or browsing this
Web Site or your downloading
of any materials, from this
Web Site. IN NO EVENT WILL
PSC, , THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS,
ASSIGNS, RETAIL PARTNERS NOR
ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION
OF THIS WEB SITE BE LIABLE
TO ANY PARTY FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF
USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB
SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED AT ANY
OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY
TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM
WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING
THIS WEB SITE. IN THE EVENT
OF ANY PROBLEM WITH THE PRODUCTS
OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS
WEB SITE, YOU AGREE THAT YOUR
SOLE REMEDY, IF ANY, IS FROM
THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES,
IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR
TO SEEK A RETURN AND REFUND
FOR SUCH PRODUCT OR SERVICES
IN ACCORDANCE WITH THE RETURNS
AND REFUNDS POLICIES POSTED
ON THIS WEB SITE.
12. Revisions
to these Terms and Conditions.
PSC may revise these Terms
and Conditions at any time
and from time to time by updating
this posting. You should visit
this page from time to time
to review the then current
Terms and Conditions because
they are binding on you. Certain
provisions of these Terms
and Conditions may be superseded
by expressly designated legal
notices or terms located on
particular pages at this Web
Site.
13. Choice
of Law; Jurisdiction. These
Terms and Conditions supersede
any other agreement between
you and PSC to the extent
necessary to resolve any inconsistency
or ambiguity between them.
This Web Site is administered
by PSC from its offices in
Massachusetts. These Terms and
Conditions will be governed
by and construed in accordance
with the laws of the Massachusetts,
without giving effect to any
principles of conflicts of
laws. Any action seeking legal
or equitable relief arising
out of or relating to this
Web Site shall be brought
only in the courts of the
Massachusetts. A printed version
of these Terms and Conditions
shall be admissible in judicial
and administrative proceedings
based upon or relating to
these Terms and Conditions
to the same extent and subject
to the same conditions as
other business documents and
records originally generated
and maintained in printed
form.
14. Termination.
You or we may suspend or terminate
your account or your use of
this Web Site at any time,
for any reason or for no reason.
You are personally liable
for any orders that you place
or charges that you incur
prior to termination. We reserve
the right to change, suspend,
or discontinue all or any
aspect of this Web Site at
any time without notice.
15. Additional
Assistance. If you do not
understand any of the foregoing
Terms and Conditions or if
you have any questions or
comments, we invite you to
call our customer service
department
Secure Shopping Guarantee
We use the industry standard
encryption protocol known
as Secure Socket Layer (SSL)
to keep your order information
secure.
We have established a Secure
Shopping Guarantee for every
transaction that you make
with www.powersportsclothing.com.
Should any unauthorized charges
appear on your credit card
as a result of shopping with
www.powersportsclothing.com,
you must notify your credit
card provider in accordance
with its reporting rules and
procedures.
We will cover the liability
of purchases made through
this web site only if the
unauthorized use of your credit
card resulted through no fault
of your own. If your bank
holds you responsible for
fraudulent charges, we will
not cover anything.
Privacy Policy
Power Sports Clothing Inc.
("PSC", "we"
or "us") operates
this Web site, www.powersportsclothing.com.
We recognize that you care
how information about you
is used and shared. We have
created this Privacy Policy
to inform you of our information
collection, use and sharing
practices for this Web site.
Please be advised that the
practices described in this
Privacy Policy apply only
to information gathered through
this Web site and, where applicable,
through our Customer Service
Department in connection with
this Web site, and do not
necessarily reflect our practices
with respect to information
gathered through other Web
sites that we operate or through
other off-line means.
If you have any questions
regarding this Privacy Policy,
you should contact our Customer
Service Department by e-mail
at info@powersportsclothing.com.
What Information About Me
Is Collected and Stored?
We collect and store information
that you enter into this Web
site or that you provide to
our Customer Service Department.
For example, when you open
an account or place an order,
we collect and store some
or all of the following information
that you provide: name, billing
address, shipping address,
e-mail address, telephone
number, credit card number
and expiration date. This
information is used to provide
the products and services
that you have ordered or requested,
to process and ship orders,
to send order and shipping
confirmations and to provide
customer service. This information
also may be used to contact
you about sales, special offers
and new site features, unless
you have opted not to receive
promotional communications
in connection with this Web
site.
We collect and store certain
other information automatically
whenever you interact with
this Web site. For example,
we collect your IP address,
browser information and reference
site domain name every time
you visit this Web site. We
also collect information regarding
customer traffic patterns
and site usage. This information
is used to analyze and improve
this Web site and to provide
our customers with a fulfilling
shopping experience.
Also, like many Web sites,
we use "cookies",
which are files stored on
your computer's hard drive
by your browser. Cookies help
us to identify account holders
and to optimize their shopping
experience. Cookies also allow
us to hold selections in a
shopping cart when a user
leaves this Web site without
checking out. Most browsers
accept cookies automatically
but allow you to disable them.
We recommend that you leave
cookies "turned on"
so that we can offer you a
better shopping experience
on this Web site.
We also may collect and store
information about you that
we receive from other sources,
to enable us to update and
correct the information contained
in our database and to provide
product recommendations and
special offers that we think
will interest you.
Is Information Collected
From Children?
We do not sell or ship any
items ordered through this
Web site directly to anyone
who we know to be under the
age of 18, nor do we collect
any personal information from
anyone who we know to be under
the age of 18. If you are
under the age of 18, you should
use this Web site only with
the involvement of a parent
or guardian and should not
submit any personal information
to us.
With Whom Do You Share Information?
We do not share with others
any personal information that
you provide to us through
this Web site or through our
Customer Service Department,
except with your consent or
as described in this Privacy
Policy.
We engage third parties to
perform services in connection
with the operation of our
business. Examples of these
services include payment processing
and authorization, fraud protection
and credit risk reduction,
product customization, order
fulfillment and shipping,
marketing and promotional
material distribution, Web
site evaluation, data analysis
and, where applicable, data
cleansing. We provide personal
information to these third
parties, but we authorize
them to use this information
only in connection with the
services they perform.
We also may offer you the
opportunity to purchase products
and services provided by third
parties, such as magazine
subscriptions and extended
warranty plans. If you purchase
any of these products or services,
we will provide your personal
information to the third parties
that provide them, but we
authorize these third parties
to use this information only
in connection with the products
and services they provide.
We may release personal information
if we believe in good faith
that: the law or legal process
requires it; we have received
a valid administrative request
from a law enforcement agency;
or such release is necessary
to protect the rights, property
or safety of PSC or any of
our affiliates, business partners,
customers or others.
We may share non-personal
information with our marketing
partners, advertisers and
others from time to time.
Examples of such non-personal
information include the number
of users who visited this
Web site during a specific
time period or purchased a
specific product through this
Web site. This information
generally is shared in an
aggregated form.
As with any business, it
is possible that as our business
develops, we might sell or
buy online stores or other
assets. In such transactions,
information about customers
often is among the transferred
assets. Accordingly, in the
unlikely event that PSC or
substantially all of our assets
are acquired by a third party,
such information may be one
of the transferred assets
(unless the information was
collected under a previous
Privacy Policy that did not
permit such disclosure). Under
such circumstances, we would
to the extent possible require
the acquiring party to follow
the practices described in
this Privacy Policy.
What Steps Are Taken To Keep
Personal Information Secure?
We use various security measures,
including Secure Socket Layer
(SSL) encryption technology,
to protect personal information
that we collect. If you place
an order through this Web
site, you will be asked to
set up an account and provide
an e-mail address and password.
You must provide an appropriate
e-mail address and password
in order to access account
information. In order to help
protect your personal information
further, you should be careful
about providing your password
to others. If you wish to
cancel a password, or if you
become aware of any loss,
theft or unauthorized use
of a password, please contact
our Customer Service Department
by e-mail at info@powersportsclothing.com
How Can I Access, Correct
and Update Personal Information?
You can access, correct and
update certain personal information
that you have provided to
us by clicking on "Manage
Your Account" within
the Help Desk area of this
Web site.
Can I Indicate Whether or
Not I Want To Receive Promotional
Communications?
There are several ways in
which you can tell us whether
or not you want to receive
promotional communications
from us. When you set up an
account, or click on "Manage
Your Account" within
the Help Desk area, or place
an order, you will have an
opportunity to make or change
your selections in this regard.
You also will have an opportunity
to change these selections
by clicking on an "unsubscribe"
hyperlink contained in promotional
e-mails we send you.
What Happens When I Link
To or From Another Web Site?
This Web site may contain
links to Web sites operated
by third parties. Please be
advised that the practices
described in this Privacy
Policy do not apply to information
gathered through these other
Web sites. We encourage you
to be aware of when you leave
this Web site and to read
the privacy policies of each
and every Web site that you
visit.
If you have accessed this
Web site through a link from
certain of our advertising
or marketing partners, this
Web site may include a frame
of the applicable advertising
or marketing partner. Nevertheless,
the information you provide
to us through these framed
Web pages is collected by
us, and our use of this information
is governed by this Privacy
Policy.
What About Contests and Sweepstakes?
When we run a contest or sweepstakes
relating to this Web site,
it will be accompanied by
a set of rules. The rules
for each contest/sweepstakes
will specify how the information
gathered from you for entry
will be used and disclosed.
How Will I Be Informed About
Changes Regarding This Privacy
Policy?
If we make any material changes
to this Privacy Policy, we
will post a notice on this
Web site notifying users of
the changes. In some cases,
we also may send an e-mail
notifying users of the changes.
You should check this Web
site periodically to see if
any recent changes to this
Privacy Policy have occurred.